MMP&S Wins Motion to Dismiss in Delayed Burial Action

Samantha Lansky and Jennifer Bentivegna prevailed on a pre-answer motion to dismiss in Supreme Court, Suffolk County in an action stemming from a delayed burial. Plaintiffs, relatives of the decedent, commenced suit against our client, a funeral home, and co-defendant, a cemetery. In the Court’s 10-page decision, Justice Farnetti adopted our argument that the co-defendant cemetery was the intended beneficiary of the contract between Plaintiffs and the insured for the burial, and that our client was not a direct cause in the delay.  Justice Farnetti dismissed all causes of action in favor of our client. Despite the novel issues in this matter, we were successful early on, obviating expensive and extensive litigation.

Practice Area

General & Product Liability