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TINNEY v. CITY OF NEW YORK

Nos. 7249, 7250, 21154/06.

94 A.D.3d 417 (2012)

941 N.Y.S.2d 571

2012 NY Slip Op 2429

KYLE TINNEY et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided April 3, 2012.

Plaintiffs' action is not time-barred by General Municipal Law § 50-i(1)(c). As we have previously held, a cause of action for the right of sepulcher "does not accrue until interference with the right directly impacts on the `solace and comfort' of the next of kin—that is, until interference causes mental anguish for the next of kin" (Melfi v Mount Sinai Hosp., 64 A.D.3d 26,

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