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GUTNICK v. HEBREW FREE BURIAL SOCY.

2019-08361. Index No. 509579/15.

198 A.D.3d 880 (2021)

155 N.Y.S.3d 565

2021 NY Slip Op 05696

Jenny Gutnick, Respondent, v. Hebrew Free Burial Society for the Poor of the City of Brooklyn, Doing Business as The Hebrew Free Burial Association, et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided October 20, 2021.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, Islandia, NY ( Jason T. Katz of counsel), for appellant Hebrew Free Burial Society for the Poor of the City of Brooklyn.

Churbuck Calabria, P.C., Hicksville, NY ( Nicholas P. Calabria of counsel), for appellant Parkside Memorial Chapels, Inc.

Weiser McCarthy , New York, NY ( David Weiser of counsel), for appellant Capitol Funeral Service of New York.

Kahn Gordon Timko & Rodriques, P.C., New York, NY ( Nicholas I. Timko of counsel), for respondent.

Rivera, J.P., Austin, Connolly and Ford, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

Following the death of Grigoriy Gutnikov (hereinafter the decedent), the plaintiff, who was the decedent's daughter, contacted the defendant Hebrew Free Burial Society for the Poor of the City of Brooklyn, doing business as The Hebrew Free Burial Association (hereinafter HFBA), which agreed to arrange the funeral for the decedent and to bury him at its Staten Island cemetery.

HFBA is a nonprofit corporation...

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