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Finley v. Church of Saint Raymond

Plaintiff and Pre-Deceased Relative Had Equal Right to Be Buried in Final Grave Space

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RECITATION, AS REQUIRED BY CPLR§2219(a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION. PAPERS NUMBERED NOTICE OF MOTION AND AFFIDAVITS ANNEXED                         1-2 ANSWERING AFFIDAVITS REPLY AFFIDAVITS                       9 OTHER Cross-Motion, Memos of Law                    3-4, 5-6, 7-8. DECISION/ORDER UPON THE FOREGOING CITED PAPERS, THE COURT FINDS AS FOLLOWS: Defendants’ move for an Order granting summary judgment pursuant to CPLR §3212, or in the alternative, for an Order pursuant to CPLR §3025, granting them leave to amend their Answer. Plaintiff, via a Cross-Motion, moves for “economic damages as well as non-economic compensation for severe emotional and psychological injuries sustained by [her] due to St. Raymonds’s breach of its contract with [her], causing [her] damage by its negligence and negligent infliction of emotional distress and by its actions amounting to equitable estoppel by wrongfully allowing Francis Leahy (“Francis” or “Frank”) to be buried in the last remaining space, Grave 2, Space “C” of a family burial plot, the only remaining burial space that was designated and reserved for [her], without [her] knowledge or consent” (Aff. in Opp., pp.1-2,

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