The plaintiff sought damages for loss of sepulcher contending that the defendant, an alcohol and drug rehabilitation center, failed to make adequate attempts to locate her following her brother’s death, who was a patient at the facility. Mr. Scolamiero demonstrated at trial that although her brother passed away in May of 2011, she had not seen her brother since 2010, who she believed was homeless and was unaware the he had been a patient at the facility. After contacting the VA, the plaintiff later learned that her brother, who was a veteran, had been a patient, had died, and was buried in a rural area outside of Albany. At trial, the plaintiff maintained that the family would have wanted the decedent to be buried in Veterans’ Cemetery in Saratoga. Mr. Scolamiero demonstrated through the evidence at trial that although her brother knew she was married, he had only listed the plaintiff under her maiden name in the records, and that despite making extensive efforts, the facility could not locate her. The jury was asked if the plaintiff had established that the defendant unreasonably interfered with possession of body. Following deliberations, the jury answered in the negative and a defense verdict was entered.
Firm Success Stories
Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of a third-party complaint
Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of plaintiff’s entire complaint in Supreme Court
Attorney Steven DeBraccio successfully defended an appeal to the Appellate Division
- Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of a third-party complaint
Current Case Law
Admitted to practice before the Courts of:
- New York
- Various United States District Courts
- United States Court of Appeals for the Second Circuit
- United States Supreme Court.