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No Shomer for Niftar = Lawsuit?


JTA: A New Jersey appeals court ruled that an Orthodox Jew could sue a funeral home for failing to properly watch over his father-in-law�s body.? Victor Mintz of Maplewood, N.J. died on a Friday in February 1999, and could not be buried until Sunday because of Sabbath proscriptions against burying the dead.

Menorah Chapels arranged, per Jewish law, for six �shomrim� to keep watch over the body until the burial. Only three showed up. It sued Mintz�s son-in-law, Emanuel Needle, for payment of the three.

He counter-sued for emotional distress. A Superior Court judge ruled that Needle should pay for the three shomrim who did appear. On Thursday, the appellate court set that ruling aside and said Needle could sue for emotional distress.



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