Justice Alexander Hunter Jr.
Defendants, including North Shore Long Island Jewish Medical Care, sought summary judgment against plaintiffs, who sought to recover for emotional injuries sustained resulting from defendants' mishandling and unauthorized possession of plaintiffs' decedent's body. Shatima Turner commenced making funeral arrangements for the family and contacted Owens Funeral Home, but did not sign a proposal written by Owens. She arranged for Unity Funeral Chapel to pick up decedent's remains, but Unity learned the body was released to Owens' registered resident, Cleckley. The hospital argued plaintiffs' claims were meritless noting it acted with due care in releasing decedent's body to Cleckley, who certified he had authority to take possession. It also stated it was not liable for any damage of the body after its release. The court ruled hospital made a prima facie showing of entitlement to summary judgment on plaintiffs' statutory cause of action as evidence showed Cleckley was a registered resident with a valid license. It found hospital complied with all applicable regulations when it released decedent's body to Cleckley. Yet, the court ruled neither hospital nor plaintiffs made a prima facie showing of entitlement to judgment as to plaintiffs' common-law cause of action.
