Menorah Chapels At Millburn v. Needle

899 A.2d 316 (2006)

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Nature of the Case

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Facts

D's father-in-law died, and D arranged with P a 'Jewish Funeral Chapel,' to provide funeral and related services. Decedent was an orthodox Jew. It is customary in the orthodox Jewish faith that watchers or shomerim conduct a continuous vigil or shmeerah over the body of the deceased until the time of the funeral. The 'Statement of Goods and Services Selected' that was executed by P on Sunday, February 21, 1999, discloses that he requested, and P agreed to provide, shomerim to conduct the shmeerah. The Statement discloses that six shifts would be necessary to properly conduct the shmeerah, at a cost of $900. P subcontracted the provision of shomerim to a burial society. Because of the Sabbath, the society did not provide the requested services, and only three of the six shifts of shomerim appeared, commencing on Saturday evening after the Sabbath had ended. Neither D nor any of his family members was informed of the failure to provide the full contracted-for services until shortly before the funeral service was to commence and after the body had been left alone in a fashion contrary to orthodox Jewish custom and belief. P brought a collection action against D and D entered a general denial of the allegations of the complaint and filed a counterclaim in which he alleged that the failure to provide the required shomerim constituted negligence and breach of warranty resulting in emotional distress to the family. Eventually, D sought dismissal of the complaint and referral of the dispute to a religious court, and P sought summary judgment on the counterclaim. D's motion was denied, and the motion to dismiss D's counterclaim was granted. The court found the contract a 'divisible contract' and determined the damages to be 'the difference between what was promised, and what was received.' Judgment was entered in favor of P on its complaint, and P was ordered to pay additional attorney's fees of $11,627.02 and costs of $1,641.35 in accordance with a contractual provision requiring payment of 'all reasonable costs of collection including court costs and attorney's fees.' D appealed.