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BRANDENBURG v. ST. MICHAEL'S CEMETERY

2010-05156.

92 A.D.3d 631 (2012)

938 N.Y.S.2d 159

2012 NY Slip Op 923

HELEN BRANDENBURG et al., Appellants, v. ST. MICHAEL'S CEMETERY et al., Respondents.

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

Decided February 7, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon the death of her husband, the plaintiff Helen Brandenburg (hereinafter Brandenburg) contracted with the defendant St. Michael's Cemetery (hereinafter the Cemetery), owned and operated by the defendant St. Michael's Church, to inter the decedent's remains in a mausoleum crypt. Months after the initial interment, the Cemetery discovered that it had mistakenly placed the decedent's remains...

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