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Paramus Cemetery Sued Over Stranger Buried in Reserved Family Plot: Negligence and Emotional Distress Alleged

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You Won’t Believe What This NJ Family Found in Their Reserved Cemetery Plot! Lawsuit Demands Answers

the staff of the Ridgewood blog

Paramus NJ, For many families, purchasing reserved burial plots is a crucial step in ensuring their final wishes are honored and their legacies remain connected. However, for Bergen County residents Anne Divine and Mitchell Spellman, that peace of mind has allegedly turned into a nightmare.

The pair has filed a startling lawsuit against the Jewish Community Center (JCC) of Paramus and the Cedar Park and Beth El Cemeteries, claiming they discovered a non-relative buried in one of their reserved family plots.

The Lawsuit: Stranger Buried and Refusal to Move

According to the legal filing, Divine and Spellman made the shocking discovery in June. The suit claims the family immediately requested the removal of the man’s body from their designated plot on June 6, but the cemetery and the JCC of Paramus allegedly refused the request.

The refusal persisted despite multiple attempts by the family to resolve the issue:

  • June 12: Rabbi Arthur Weiner allegedly offered Divine and Spellman different grave sites in an entirely separate section of the cemetery as an alternative, a solution the family apparently rejected.
  • June 19 & 26: Spellman emphasized the importance of Jewish law and the need to move the body, but was allegedly denied again.
  • June 30: Divine’s daughter met with Rabbi Weiner in person, only to have the request denied once more.

The lawsuit states that the man’s body still remains in the reserved gravesite, forcing Divine and Spellman “to endure severe emotional distress and mental anguish.”

Legal Allegations: Negligence and Outrage

The suit levels serious accusations against the defendants, centered on their professional conduct and duty of care:

  1. Negligence: The JCC of Paramus and the cemetery allegedly failed in their duty to provide reasonable care and skill in their professional services, specifically in the handling of Divine and Spellman’s final wishes and burial arrangements.
  2. Negligent Infliction of Emotional Distress: This charge addresses the severe mental anguish and emotional harm allegedly suffered by the plaintiffs due to the defendants’ actions (or inactions).
  3. Tort of Outrage: This claim typically applies when a defendant’s conduct is so extreme and outrageous as to go beyond the bounds of human decency.

Divine and Spellman are seeking unspecified damages, the cost of the suit, and attorneys’ fees. Representatives for the defendants and the plaintiffs’ attorney have not yet commented on the ongoing legal matter.

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