280 A.D.2d 570 720 N.Y.S.2d 558

Vito Biondo et al., Appellants, v Linden Hill United Methodist Cemetery Corporation, Respondent.

[720 NYS2d 558]

—In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from so much of an order of the *571Supreme Court, Nassau County (Lockman, J.), entered November 29, 1999, as granted those branches of the defendant’s motion which were for summary judgment dismissing the second and third causes of action alleging negligent and intentional infliction of emotional distress.

Ordered that the order is affirmed insofar as appealed from, with costs.

Deceased members of the family of the plaintiff Vito Biondo are interred in section 2G of the defendant cemetery. At the time of internment, monuments were placed at the heads of the graves. Without notice to, or the consent of, the plaintiffs, and allegedly based on safety concerns, the defendant relocated the monuments from the heads of the graves to a permanent foundation built at the foot of the graves.

The Supreme Court properly dismissed the second and third causes of action alleging negligent and intentional infliction of emotional distress. Assuming that the relocation of the monument harmed the plaintiffs’ property interest, damages may not be recovered for emotional distress caused by an intentional or negligent harm to personal property (see, Stanley v Smith, 183 AD2d 675, 676; Fowler v Town of Ticonderoga, 131 AD2d 919). Bracken, Acting P. J., Goldstein, H. Miller and Feuerstein, JJ., concur.

Biondo v. Linden Hill United Methodist Cemetery Corp.
280 A.D.2d 570 720 N.Y.S.2d 558

Case Details

Name
Biondo v. Linden Hill United Methodist Cemetery Corp.
Decision Date
Feb 20, 2001
Citations

280 A.D.2d 570

720 N.Y.S.2d 558

Jurisdiction
New York

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