Monthly Archives: March 2021

This was originally posted on the SGR Blog.

Two brothers sued their grandfather’s “heir at law” for changing the inscription of the monument on a family plot (allegedly) without the authority to do so. The case was reminiscent of the Abbott & Costello comedy skit “Who’s on First.” Determination of the dispute took the Court to the intersection of genealogy, cemetery law, and the statute governing descent and distribution.

Robert and John Liere sued Alan E. Frick Memorials and Herman Liere for negligence, trespass, and conversion, based on their modification of the inscription on a monument for a family plot in the Yaphank Cemetery. Robert and John did not contest the accuracy of the modification; instead, they argued only that Herman Liere had no ownership interest in the plot or the monument and thus lacked the authority to cause the changes to be made. Memorials, Inc. is the entity that Herman hired to inscribe the modifications on the monument.

This was originally posted on the SGR Blog.

It is not unusual for understandings to change or evolve in real-time after an agreement is made and before performance is completed. Sometimes the change is implemented in writing. And, as a recent case illustrates, where the verbal “amendment” is not memorialized, the Court (or a jury) may have to sort out the differing and competing recollections. 

 J Events Company hired chef Andrew Maturana and his catering company Rapt LLC for a large corporate party. Events were dissatisfied with Rapt’s work (and billing) on the party and sued for breach of contract, deceptive practices, and fraud. Manturana and Rapt counterclaimed for breach of contract, promissory estoppel, and defamation.