Melfi v. Mount Sinai Hosp. (Summary)

SEPULCHER

Melfi v. Mount Sinai Hosp., N.Y. Slip Op. 03404 (N.Y. App. Div. Apr. 28, 2009)

The Supreme Court of New York, Appellate Division, held that the statute of limitations had not expired for a claim of loss of sepulcher in a suit brought by a family member of a deceased patient against a hospital. The family member brought the suit after the body of his brother, who died at the hospital, was given to a mortuary school for embalming practice and, subsequently, interred in a mass grave without notice to his next of kin.

In addressing the statute of limitations defense to the right of sepulcher claim, the court held that the claim was timely because the cause of action did not begin to accrue until interference with the right impacts the "solace and comfort" of the next of kin as opposed to the time of the negligent act.

However, the court also held that the hospital could not be vicariously liable for punitive damages in connection with the loss of sepulcher claim because it could not be shown that the hospital was complicit with the acts of its employees.