Washington Heights, Manhattan – Two sisters have taken legal action against a local funeral home after what they describe as a shocking error that disrespected their father’s final wishes. Shirley Leyro and Jennifer Diaz filed a civil lawsuit on Monday seeking $18 million in damages from R.G. Ortiz Funeral Home.
Alleged mistake and family’s grief
Jose Luis Diaz, a longtime resident of the Washington Heights community, had specifically requested a direct cremation so that his body would not be on public view after a prolonged illness left him thin and frail. His stepdaughter, Shirley Leyro, said he “didn’t want anyone to see him” and wanted a “strict straight cremation.”
According to the sisters, they received their father’s ashes in May, believing his wishes had been honored. The family later learned, however, that a wake had been held at R.G. Ortiz Funeral Home and that their father’s body had been placed in another man’s casket, which was then shown to the wrong family.
Details of the alleged mix‑up
In the complaint, the sisters cite a separate lawsuit filed by the family of a different deceased man, which described a similar discrepancy during a viewing. That case noted a 70‑year‑old man, 6’1”, was seen in the clothing of an 84‑year‑old, much shorter individual. When the family raised the issue, funeral home staff allegedly insisted the body was theirs.
Attorney Phil Rizzuto, representing the Diaz sisters, said the error appears to have stemmed from two deceased men with similar names. The lawsuit alleges the funeral home mistakenly placed “the wrong Jose Diaz” in the casket, using the body as a “prop” for the other family’s viewing.
Legal action and prior scrutiny
The sisters are seeking $18 million, arguing that the mishandling not only violated their father’s dignity but also left them uncertain whether the ashes they received truly belong to him. “He was somebody special to a lot of people, not an unknown deceased person in somebody else’s coffin,” Jennifer Diaz said.
This lawsuit follows a 2024 city action that sued the same funeral home and secured $600,000 for other victims of alleged misconduct. Despite that settlement, R.G. Ortiz Funeral Home remains open, and the New York State Department of Health has announced an ongoing investigation into the matter.
Community response
Neighbors and community members have expressed outrage, describing the incident as a “clown show” and demanding accountability. The sisters hope their case will bring greater oversight to funeral homes and protect families from similar disrespect.
While the investigation proceeds, the Diaz family urges other families to verify funeral home practices and ensure that final‑service wishes are honored with the respect they deserve.
Original reporting: Brookhaven News – ABC7 New York — read the source article.
