Felton v. St. Joseph Hosp.

Summary

The Appellate Division, First Department reversed the denial of defendants' summary judgment motions in an action alleging violation of the right of sepulcher. The court held that the decedent's domestic partner had priority under Public Health Law § 4201(2)(a) to control disposition of the remains, and dismissed the complaint and all cross-claims.

Holdings

1. The totality of the undisputed circumstances established that Taddeo was Felton's domestic partner under Public Health Law § 4201(2)(a), giving her priority over his adult children to control disposition of his remains.
2. Plaintiffs failed to raise a material issue of fact because they did not dispute the defendants' evidence and relied solely on self-serving testimony that Taddeo and Felton had ended their romantic relationship before his death.
3. Because Taddeo had priority to control disposition of Felton's remains, plaintiffs could not maintain their claim for violation of the right of sepulcher.
4. All cross-claims asserted by defendants were dismissed because there was no underlying liability to plaintiffs.

Questions Presented

1. Whether the undisputed evidence established that Dawn Taddeo was Felton's domestic partner under Public Health Law § 4201 and therefore had priority over Felton's adult children to control disposition of his remains.
2. Whether plaintiffs raised a material issue of fact sufficient to defeat defendants' motions for summary judgment.
3. Whether defendants' cross-claims should be dismissed when plaintiffs' underlying claims were dismissed.

Disposition

reversed