Lott v. State, Nos. 35463

CourtNew York Court of Claims
Writing for the CourtMELVIN H. OSTERMAN
Citation225 N.Y.S.2d 434,32 Misc.2d 296
PartiesFrank LOTT and Sylvia Goldberg, Claimants, v. The STATE of New York. Michael TUMMINELLI and Crosby Tumminelli, Claimants, v. The STATE of New York. Claim
Decision Date24 February 1962
Docket NumberNos. 35463,35488

Page 434

225 N.Y.S.2d 434
32 Misc.2d 296
Frank LOTT and Sylvia Goldberg, Claimants,
v.
The STATE of New York.
Michael TUMMINELLI and Crosby Tumminelli, Claimants,
v.
The STATE of New York.
Claim Nos. 35463, 35488.
Court of Claims of New York.
Feb. 24, 1962.

Page 435

James J. Jackman, New York City, by Morris Honig, New York City, of counsel, for claimants Frank Lott and Sylvia Goldberg.

Morris Honig, New York City, for claimants Michael Tumminelli and Crosby Tumminelli.

Louis J. Lefkowitz, Atty. Gen., by Robert Schwartz, Asst. Atty. Gen., for the State.

[32 Misc.2d 297] MELVIN H. OSTERMAN, Judge.

On January 18th, 1958, Mrs. Rose Lott and Mrs. Mary Tumminelli, patients at Brooklyn State Hospital, died at about the same hour. Both bodies were taken to a shower room, washed and covered with shrouds and an attendant thereafter attached a tag to each body bearing the name of the deceased. Both families were notified and were asked to have their undertakers call for the bodies.

On January 19th, 1958, the undertaker for the Lott family arrived at the hospital mortuary and was given the body tagged with the name of Rose Lott. On the same day, the undertaker for the Tumminelli family received the body tagged with the name of Mary Tumminelli.

The undertaker for the Lott family took the body to his funeral parlor and prepared it for an Orthodox Jewish burial in accordance with the family's instructions. The body was placed on a 'Taharah' board, washed in accordance with religious rites and prayers said over it. When the preparations were completed and the family permitted to view the body, it was discovered that the body was not that of Rose Lott.

Upon conveying this information to the Brooklyn State Hospital, the Lott family was told to communicate with the undertaker who had claimed the body of Mary Tumminelli. The Tumminellis' undertaker, advised of a possible error, had the Tumminelli family view the body and they confirmed that it was not that of their mother. The hospital requested the undertakers to return the bodies and, in the presence of both families, proper identification was made and the bodies were exchanged.

The record discloses that the body of Rose Lott, while in the possession of the Tumminelli funeral director, had been embalmed, made up with cosmetics and had been placed in a coffin with a crucifix and rosary beads in her hands in accordance with the rites of the Roman Catholic faith. Mary Tumminelli's body, in the belief that it was Mrs. Lott, had been...

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36 practice notes
  • Bernstein v. Mount Ararat Cemetery Inc., 11 CV 68 (DRH)(WDW)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 7 Septiembre 2012
    ...in the body."); Massaro v. Charles J. O'Shea Funeral Home, Inc., 292 A.D.2d 349, 351 (2d Dep't 2002) (citing and quoting Lott v. State, 32 Misc. 2d 296, 297 (N.Y. Ct. Cl. 1962)). In such a scenario, "there exists an especial likelihood of genuine and serious mental distress, arising from th......
  • Muniz v. United Hospital Medical Center-Presbyterian Hospital, CENTER-PRESBYTERIAN
    • United States
    • Superior Court of New Jersey
    • 23 Diciembre 1976
    ...New York the principal recoveries have been against the state in the Court of Claims for incidents in state hospitals. In Lott v. State, 32 Misc.2d 296, 225 N.Y.S.2d Page 526 434 (Ct.Cl.1962), two patients, one Catholic and one Jewish, died in the Brooklyn State Hospital at about the same h......
  • Flynn v. Pinelawn Cemetery, Index No. 603804/19
    • United States
    • United States State Supreme Court (New York)
    • 13 Enero 2022
    ...Hosp., 202 NY 259), the next-of-kin may also recover where one "improperly deals with the decedent's body" (Lott v State of New York, 32 Misc.2d 296, 297 [claimants entitled to where the decedent's body, inter alia, "was physically manhandled by means of an unauthorized embalming and the ap......
  • Kalina v. General Hospital of the City of Syracuse
    • United States
    • New York Supreme Court Appellate Division
    • 6 Diciembre 1962
    ...close relative had been improperly prepared for burial in a manner which violated the religious beliefs of the plaintiff (Lott v. State, 32 Misc.2d 296, 225 N.Y.S.2d 434). The Lott case was followed in Torres v. State, 34 Misc.2d 488, 228 N.Y.S.2d 1005. See also Nieman v. Upper Queens Medic......
  • Request a trial to view additional results
36 cases
  • Bernstein v. Mount Ararat Cemetery Inc., 11 CV 68 (DRH)(WDW)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 7 Septiembre 2012
    ...in the body."); Massaro v. Charles J. O'Shea Funeral Home, Inc., 292 A.D.2d 349, 351 (2d Dep't 2002) (citing and quoting Lott v. State, 32 Misc. 2d 296, 297 (N.Y. Ct. Cl. 1962)). In such a scenario, "there exists an especial likelihood of genuine and serious mental distress, arising from th......
  • Muniz v. United Hospital Medical Center-Presbyterian Hospital, CENTER-PRESBYTERIAN
    • United States
    • Superior Court of New Jersey
    • 23 Diciembre 1976
    ...New York the principal recoveries have been against the state in the Court of Claims for incidents in state hospitals. In Lott v. State, 32 Misc.2d 296, 225 N.Y.S.2d Page 526 434 (Ct.Cl.1962), two patients, one Catholic and one Jewish, died in the Brooklyn State Hospital at about the same h......
  • Flynn v. Pinelawn Cemetery, Index No. 603804/19
    • United States
    • United States State Supreme Court (New York)
    • 13 Enero 2022
    ...Hosp., 202 NY 259), the next-of-kin may also recover where one "improperly deals with the decedent's body" (Lott v State of New York, 32 Misc.2d 296, 297 [claimants entitled to where the decedent's body, inter alia, "was physically manhandled by means of an unauthorized embalming and the ap......
  • Kalina v. General Hospital of the City of Syracuse
    • United States
    • New York Supreme Court Appellate Division
    • 6 Diciembre 1962
    ...close relative had been improperly prepared for burial in a manner which violated the religious beliefs of the plaintiff (Lott v. State, 32 Misc.2d 296, 225 N.Y.S.2d 434). The Lott case was followed in Torres v. State, 34 Misc.2d 488, 228 N.Y.S.2d 1005. See also Nieman v. Upper Queens Medic......
  • Request a trial to view additional results

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