DUNN v. COUNTY OF NIAGARA

497 CA 17-00801.

161 A.D.3d 1555 (2018)

76 N.Y.S.3d 728

2018 NY Slip Op 03271

Danny P. Dunn, Sr., et al., Plaintiffs, v. County of Niagara, Appellant, and Russell Jackman, Individually and as Fourth District Niagara County Coroner, Respondent, et al., Defendants.

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

Decided May 4, 2018.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is denied in its entirety.

Memorandum: On April 13, 2012, Russell Jackman (defendant), then a coroner employed by defendant County of Niagara (County), responded to the fatal accident of plaintiffs' son (decedent) and absconded with decedent's brain matter, without plaintiffs' consent. Defendant gave the brain matter to defendant Vincent Salerno...

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