Court upholds applicability of waiver of liability in funeral home case
We obtained summary judgment in the New York Supreme Court on behalf of a funeral home. The plaintiff alleged that the funeral home failed to deliver cremated remains. The funeral home had used the wrong zip code on the package. The plaintiff’s son signed the funeral home’s release from liability. Our motion for summary judgment argued that the plaintiff’s cause of action was barred due to the release and because the plaintiff failed to demonstrate that the wrong zip code was a proximate cause. The plaintiff opposed the motion, arguing against the applicability of the waiver of liability and asserting that there was an issue of fact as to whether the act of misaddressing the package was a proximate cause. The court upheld the applicability of the waiver of liability and concluded that the plaintiff failed to raise an issue of fact as to proximate cause. The action was dismissed in its entirety.