Legal Question in Personal Injury in New York
Someone buried in my plot
Can I sue for breach of contract and emotional distress?I buried my son 12 years ago and paid cash for the two adjoining plots (me and my daughter)This cemetery shouldn't be able to take what I already paid for right next to my son. There were bronze plaques with our names on them for whenever we go.
4 Answers from Attorneys
Re: Someone buried in my plot
The courts take issues of death and burial extremely seriously... I do believe you have a case. Contact our office at 212.709.8303 for further details and a free consultation
Re: Someone buried in my plot
Sounds like a good case. However, any attorney would have to carefully read the contract terms before giving a more definitive response.
Generally, you cannot sue for emotional distress arising out of a breach of conract. However, burial situations are sometimes an exception.
Again, an attorney would have to take a closer look at the facts and review the relevant caselaw before rendering an opinion.
I wish I could give a more concrete answer but yours is not as simple a situation as it may seem.
Re: Someone buried in my plot
You may have a case; I would need to review the contract and your payment records. I suggest you take photos of the plot (or have someone do it for you). I handle cases like this on contigenc. Please feel free to contact me.
Re: Someone buried in my plot
If you paid for cemetary plots, you should have a deed to the real property, and some sort of receipt. Also, I would think the purchase came with some kind of map or diagram. Check your documents. Good luck. Best, M. E. Zuller
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