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DICK v. CITY OF NEW YORK

11 A.D.3d 239 (2004)

783 N.Y.S.2d 4

GAIL DICK et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 2004.

In asserting that an earlier decision in November 2002 erroneously dismissed their claims relating to the mishandling of decedent's body, in light of New York's long-recognized cause of action for emotional distress due to interference with possession of a dead body, plaintiffs are disputing a decision and order which they never appealed. Accordingly, this Court lacks authority to review that 2002 order (see Hecht v City of New York, 60 N.Y.2d 57<...

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