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LEE v. CITY OF NEW YORK

6537. 150448/14.

164 A.D.3d 415 (2018)

80 N.Y.S.3d 51

2018 NY Slip Op 05626

Brenda Lee et al., Appellants, v. City of New York, Respondent.

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

Decided August 2, 2018.

Contrary to plaintiffs' argument, the right of sepulcher does not, by definition, trump governmental immunity (see Drever v State of New York, 134 A.D.3d 19 [3d Dept 2015]). Moreover, defendant (the City) acted in its governmental capacity at all relevant times (see Matter of World Trade Ctr. Bombing Litig., 17 N.Y.3d 428, 447 [2011], cert denied sub nom. Ruiz v Port Authority of N.Y...

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