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MELFI v. MOUNT SINAI HOSP.

64 A.D.3d 26 (2009)

877 N.Y.S.2d 300

JOHN MELFI, Individually and as Administrator ad Prosequendum of the Estate of LEONARD MELFI, Deceased, Respondent, v. MOUNT SINAI HOSPITAL et al., Appellants, et al., Defendants.

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

Decided April 28, 2009.

Attorney(s) appearing for the Case

Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York City (Steven C. Mandell of counsel), for Mount Sinai Hospital, appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Victoria Scalzo and Stephen J. McGrath of counsel), for New York City Health and Hospitals Corporation, appellant.

Tacopina, Seigel & Turano, P.C., New York City (Brian King of counsel), for respondent.

ANDRIAS, J.P., SAXE, SWEENY and MOSKOWITZ, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

The plaintiff, John Melfi, brings this action for, inter alia, loss of sepulcher after his brother's body was sent to a community college for embalming practice and then for burial in a mass grave in Potter's Field.

On October 28, 2001, playwright Leonard Melfi, best known for his one-act play Birdbath and contributions to the Broadway hit Oh! Calcutta!, collapsed in his room at the Narragansett Hotel, a welfare...

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