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TOPPIN v. TOWN OF HEMPSTEAD

2013-04308, Index No. 8282/10.

121 A.D.3d 883 (2014)

994 N.Y.S.2d 194

2014 NY Slip Op 06965

DOROTHY TOPPIN et al., Appellants, v. TOWN OF HEMPSTEAD et al., Respondents.

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

Decided October 15, 2014.

In an action, inter alia, to recover damages for violation of the common-law right of sepulcher, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Palmieri, J.), dated March 8, 2013, which granted the motion of the defendant Town of Hempstead pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it, and the separate motion of the defendant Carl C. Burnett Funeral Home, Inc., in effect, pursuant to...

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