In Schultes v. Kane , Marie Schultes sued her ex-husband Duane Kane after learning that he had their kids' bodies exhumed from one site and reburied them near his parents' graves.
Nearly 4 years later, when she learned of what had transpired, Schultes filed suit alleging intentional and negligent infliction of emotional distress and "wrongful disinterment."
When the Chenango County Supreme Court granted Kane's motion to dismiss the suit, on the grounds that it was time-barred, Schultes appealed to the Appellate Division, Third Department.
Since the statute of limitations hadn't start to run until Schultes learned of Kane's actions, the AD3 reinstated her "intentional emotional distress" claim, but otherwise found no basis to her case -- as there was no evidence that the bodies were negligently "mishandled" nor did New York recognize a "wrongful disinterment" claim.
Obviously, Kane would have preferred this case buried.
To download a copy of the Appellate Division's decision, please use this link: Schultes v. Kane