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LUNA v. PONCE FUNERAL HOMES, INC.

2018-06426, Index No. 6679/15.

176 A.D.3d 1193 (2019)

109 N.Y.S.3d 659

2019 NY Slip Op 07774

Ercilia Luna, Appellant, v. Ponce Funeral Homes, Inc., Defendant/Third-Party Plaintiff-Respondent. American Airlines, Inc., Third-Party Defendant-Respondent.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Helen F. Dalton & Associates, P.C., Kew Gardens, NY ( Stephen J. Riegel and Roman Avshalumov of counsel), for appellant.

Weiser McCarthy , New York, NY ( David Weiser of counsel), for defendant third-party plaintiff-respondent.

Mound Cotton Wollan & Greengrass LLP, New York, NY ( Olga Sekulic and Francis A. Montbach of counsel), for third-party defendant-respondent.

Rivera, J.P., Balkin, Cohen and Miller, JJ., concur.

Ordered that the order dated March 25, 2018, is affirmed, with one bill of costs.

The plaintiff commenced this action, inter alia, to recover damages for breach of contract and negligence against the defendant funeral home, alleging, among other things, that the defendant mishandled the remains of her deceased husband. The defendant commenced a third-party action against American Airlines, Inc. (hereinafter American), which transported the remains to the Dominican...

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