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ESTATE OF LOUGHLIN v. STATE OF NEW YORK

Claim No. 121996, 2015-02907.

146 A.D.3d 863 (2017)

2017 NY Slip Op 00290

45 N.Y.S.3d 521

ESTATE OF WILLIAM LOUGHLIN et al., Appellants, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 18, 2017.

Ordered that the judgment is affirmed, with costs.

"[T]he common-law right of sepulcher gives the next of kin the absolute right to the immediate possession of a decedent's body for preservation and burial, and ... damages will be awarded against any person who unlawfully interferes with that right or improperly deals with the decedent's body" (Melfi v Mount Sinai Hosp., 64 A.D.3d 26<...

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