Summary
affirming $250,000.00 award where woman was deprived of the news of her son's death for 18 months and body was returned for proper religious burial
Summary of this case from Emeagwali v. Brooklyn Hosp. Ctr.Opinion
December 31, 1991
Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).
Contrary to the defendant's argument, the record demonstrates that plaintiff has a viable cause of action against it for negligently withholding news of the death of her son for approximately 18 months, thereby depriving plaintiff of her right to take possession of the body for a proper burial (see, Finn v City of New York, 70 Misc.2d 947, revd on damages only 76 Misc.2d 388; see also, Lott v State of New York, 32 Misc.2d 296).
We decline to disturb the trial court's post-trial reduction of the jury verdict, from $1.5 million to $250,000, for mental anguish and mental suffering endured over this 18-month period as the amount does not deviate materially from what would be reasonable compensation (CPLR 5501 [c]).
Concur — Murphy, P.J., Carro, Wallach and Asch, JJ.