Practice point: Losing, or improperly dealing with, a decedent's remains gives rise to a cause of action by the next of kin.
Students should note that merely causing doubt as to whether particular ashes are those of a plaintiff's loved one, without more, is not actionable.
The case is Bailey v. Benta's Funeral Home, Inc., NY Slip Op 02537 (1st Dept. 2011
Tomorrow's issue is Labor Law.
