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.


Asked on 11/28/08, 12:38 pm

4 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

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

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Answered on 11/28/08, 9:06 pm
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

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.

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Answered on 11/28/08, 12:52 pm

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.

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Answered on 11/28/08, 1:06 pm

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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Answered on 11/28/08, 1:49 pm


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