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MTR LIPINER v. PLAZA JEWISH COMMUNITY CHAPEL

156059/16.

54 Misc.3d 664 (2016)

2016 NY Slip Op 26396

41 N.Y.S.3d 677

In the Matter of Lucy LIPINER, Nominated Executrix of FRIEDA MANDELBAUM LESZKOWITZ, Deceased, Petitioner, v. PLAZA JEWISH COMMUNITY CHAPEL et al., Respondents.

Supreme Court, New York County.

Decided November 22, 2016.

Attorney(s) appearing for the Case

Santamarina & Associates, New York City, for petitioner.

Rutkin & Wolf PLLC, White Plains, for David Leszkowitz and another, respondents.

Carlton Fields Jorden Burt, P.A., New York City, for Plaza Jewish Community Chapel, respondent.

Pryor Cashman LLP, New York City, for Cedar Grove Cemetery Association, respondent.

OPINION OF THE COURT

Where a human being wishes to be buried is a deeply personal, and often spiritual, decision. Whatever the motivation for that particular location, a decedent's survivors must strive, to the extent practicable, to fulfill the decedent's wishes. Ultimately, the wishes of the deceased must prevail...

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