Uniondale, NY – March 25, 2025

A shocking lawsuit filed today in New York State Supreme Court, Queens County, exposes a devastating case of negligence by well-known New York City funeral homes. The family of Elder Emilio Garcia Umul alleges that Rivera Funeral Home, owned by RG Ortiz Funeral Home, Inc., egregiously mishandled Elder’s remains—sending the body of a 96-year-old woman to Guatemala in place of their 39-year-old loved one.

The complaint, filed by The Rizzuto Law Firm, seeks damages on behalf of Elder’s family, including Glendy Isaura Garcia Umaul, Lenor Valente Zecua (mother of Elder’s children), individually and on behalf of her minor children, and Elmer Giovani Garcia Unul, Elder’s brother. Causes of action include Loss of Sepulcher, Negligent Handling of Human Remains, Negligent Infliction of Emotional Distress, and Breach of Contract.

Elder passed away on May 2, 2024. Days later, his family retained Rivera Funeral Home to arrange for preparation and transport of his body to Guatemala. During the live-streamed funeral, the family was horrified to discover the individual in the casket was not Elder, but Carmen Maldonado, a 96-year-old woman.

“This is beyond a simple mistake—it’s an unconscionable breach of trust,” said Phil Rizzuto, attorney for both the Garcia and Maldonado families. “It is incomprehensible how such a careless error could occur, leaving two grieving families shattered.”

The Maldonado family filed a related lawsuit in October 2024, also represented by The Rizzuto Law Firm, with consolidation anticipated.

Additionally, in April 2024, the NYC Department of Consumer and Worker Protection (DCWP) filed a complaint against RG Ortiz, accusing them of failing to prepare bodies, misplacing remains, and other lapses that exacerbated the pain of grieving families.

The plaintiffs seek unspecified damages, emphasizing the emotional toll and calling for systemic accountability in funeral home practices.

Media Contact:
Phil Rizzuto
The Rizzuto Law Firm
Phone: (516) 622-0606 | Cell: (516) 395-7445
Email: prizzuto@rizzutolaw.com
Website: www.rizzutolawfirm.com