Practice point: Pursuant to N-PCL 1510(e), the consent of the cemetery corporation, the owners of the lot, and a decedent's surviving spouse, adult children, and parents is required before a body may be disinterred.
Student note: In the absence of consent, a court may grant a motion to disinter upon a showing of good and substantial reasons. The paramount factor a court must consider is the known desires of the decedent, but the court must also consider the desires of the decedent's next of kin.
Case: Brandenburg v. St. Michael’s Cemetery, NY Slip Op 00923 (2d Dept. 2012).
Tomorrow’s issue: Affirmative acts of negligence.
