ZHUANGZI LI, AS ADMINISTRATOR OF THE ESTATE OF LINRU FAN res, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, APPELLANT def

ZHUANGZI LI, AS ADMINISTRATOR OF THE ESTATE OF LINRU FAN res, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, APPELLANT def — (INDEX NO. 22169/10)In an action, inter alia, to recover damages for violation of the common-law right of sepulcher, negligent infliction of emotional distress, and fraud, the defendant New York Hospital Medical Center of Queens appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (O'Donoghue, J.), dated December 12, 2012, as granted the plaintiffs' motion for summary judgment on the issue of liability on the first cause of action insofar as asserted against it and denied that branch of its cross motion which was for summary judgment dismissing the first cause of action insofar as asserted against it. Justice Rivera has been substituted for former Justice Skelos (see 22 NYCRR 670.1[c]).

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ZHUANGZI LI, AS ADMINISTRATOR OF THE ESTATE OF LINRU FAN res, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, APPELLANT def — (INDEX NO. 22169/10)In an action, inter alia, to recover damages for violation of the common-law right of sepulcher, negligent infliction of emotional distress, and fraud, the defendant New York Hospital Medical Center of Queens appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated December 12, 2012, as granted the plaintiffs’ motion for summary judgment on the issue of liability on the first cause of action insofar as asserted against it and denied that branch of its cross motion which was for summary judgment dismissing the first cause of action insofar as asserted against it. Justice Rivera has been substituted for former Justice Skelos (see 22 NYCRR 670.1[c]).

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof granting the plaintiffs’ motion for summary judgment on the issue of liability on the first cause of action insofar as asserted against the appellant, and substituting therefor a provision denying the motion, and (2) by deleting the provision thereof denying that branch of the appellant’s cross motion which was for summary judgment dismissing so much of the first cause of action, insofar as asserted against it, as alleged failure to timely perform an autopsy, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

ZHUANGZI LI, AS ADMINISTRATOR OF THE ESTATE OF LINRU FAN res, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, APPELLANT def

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