LOZADO v. EVERGREENS CEMETERY

2017-388 QC.

60 Misc.3d 25 (2018)

79 N.Y.S.3d 458

2018 NY Slip Op 28199

MARTA LOZADO, Appellant, v. EVERGREENS CEMETERY, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided June 22, 2018.


Attorney(s) appearing for the Case

Marta Lozado, appellant pro se.

Wingate, Kearney & Cullen, LLP (Dominic Sarna of counsel) for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and the motion by defendant for summary judgment dismissing the complaint on the ground of collateral estoppel is denied.

In April 2016, plaintiff, who resides in Queens County, commenced this action in the Civil Court, Queens County, to recover the principal sum of $25,000 for the loss of personal property, asserting that defendant had given away her burial plot...

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