Decisions of Interest

  • Freiman v. County of Nassau, Supreme Court, Nassau County (9/23/11) (dismissing plaintiff’s complaint that the defendants had performed an autopsy in violation of decedent’s religious beliefs; the ME performed a toxicology screening by extracting blood and fluids by way of a needle, without making an incision, a procedure that the decedent’s spouse had consented to when she requested that the ME forego an autopsy)
  • Matter of Wydra (Brach), Supreme Court, Kings County (9/12/11) (vacating Bais Din arbitration award)
  • Lazar v. Lazar, Supreme Court, Erie County (8/11/11) (denying an annulment of marriage in a divorce proceeding where husband claimed that wife induced the marriage by misrepresenting that she was Jewish)
  • Eirand-Herskowitz v. Mt. Carmel Cemetery Assn., Supreme Court, Queens County (4/23/10) (permitting non-Jewish spouse of a deceased Jewish man to exhume his body from a Jewish cemetery for reburial in a non-denominational cemetery), affirmed by the Second Department (3/29/11).  We discuss the case here and here.
  • Brisman v. Hebrew Academy of the Five Towns & Rockaway, Appellate Division, Second Department (2/16/10) (holding that the lower Court incorrectly vacated a Bais Din arbitration award which reinstated a teacher to a tenured position at a designated salary).  We discuss the case here.

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