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BRIJLALL v. R.G. ORTIZ FUNERAL HOME, INC.

13 A.D.3d 322 (2004)

786 N.Y.S.2d 302

SEETA BRIJLALL et al., Respondents, v. R.G. ORTIZ FUNERAL HOME, INC., Defendant, and ROMAN CATHOLIC CHURCH OF ST. RAYMOND'S, Also Known as ST. RAYMOND'S CEMETERY, et al., Appellants.

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

December 28, 2004.

Giving plaintiffs the benefit of every possible favorable inference (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), we conclude that the complaint stated causes of action for negligence and negligent infliction of emotional distress in interfering with the burial of plaintiffs' decedent's body (see Massaro v O'Shea Funeral Home, 292 A.D.2d 349 [2002]; Augeri v Roman Catholic Diocese of...

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