BAILEY v. BENTA'S FUNERAL HOME, INC.

4681, 105257/07.

82 A.D.3d 672 (2011)

DANA BAILEY, Appellant, v. BENTA'S FUNERAL HOME, INC., Respondent.

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

Decided March 31, 2011.


Plaintiff alleges that her mother died on February 3, 2007 and was supposed to be cremated a few days thereafter. The mother's ashes were to be placed by defendant in an urn in preparation for a memorial service that was held on February 9, 2007. However, on or about February 27, 2007, plaintiff discovered that there were no ashes in the urn. When she notified defendant of this, defendant told plaintiff that "it had mislaid the ashes," but that the ashes would now be delivered...

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