On May 28, 2026, a family arrived at R.G. Ortiz Funeral Home in Washington Heights for a wake. The man in the coffin was not their father.
The body in the coffin had hair; their father was bald. The man was also much taller than their father, who stood 5-foot-3, and his complexion was different. He appeared significantly younger, per FOX 5. The stranger was dressed in their father's clothes.
Their father was Jose Daniel Diaz Felipe, 84, known to his family as Danielito. He died on May 17, 2026, at a Manhattan nursing home, according to News 12.
The family spent four hours at the funeral home trying to persuade staff a mistake had been made, FOX 5 reported. They removed the deceased man's shoes to prove it: Diaz Felipe had lost a toe to diabetes.
What the family learned later, according to the lawsuit, is that their father had already been cremated on May 23, five days before the scheduled wake. The complaint says the funeral home admitted the mistake after the service, telling the family it had two deceased men named "Jose Diaz" at the same time and mixed up the bodies.
By the Numbers
What the lawsuit alleges
The family's attorney is Philip Rizzuto of the Rizzuto Law Firm in Uniondale. The summons and verified complaint were filed with the Bronx County Clerk on August 19, 2026, under index number 816374/2026E. The complaint places the wake at the firm's 4425 Broadway location in Washington Heights. The docket shows no answer from the funeral home and no court dates yet.
The complaint pleads four causes of action: loss of sepulcher, breach of contract, negligence and gross negligence. Loss of sepulcher is a New York claim that protects a family's right to control the disposition of a relative's remains. The suit cites Public Health Law section 4201, which gives next of kin that right. The demand totals $16,396,000: $2 million on the sepulcher claim, $5,396 on the contract claim, $2 million on negligence and $12 million on gross negligence, where the family also seeks punitive damages.
The filing seeks damages for "severe, mental, psychological, traumatic injuries, including great mental pain and suffering."
These are allegations from a lawsuit, and the claims have not been proven in court. The complaint says two men were mixed up and puts the cremation on May 23. FOX 5 alone reported three bodies.
The city had already sued
In April 2024, the NYC Department of Consumer and Worker Protection (DCWP) filed suit against the funeral home operator "for egregious violations of the city's Consumer Protection Law." At the time of filing, 48 consumers had submitted complaints since 2019.
The case settled four months later. Commissioner Vilda Vera Mayuga announced on August 26, 2024 that R.G. Ortiz would pay "more than $604,000 in restitution" plus "$100,000 in civil penalties." By then, DCWP said, 74 consumers had filed complaints since 2018 detailing R.G. Ortiz's "predatory and deceptive practices targeting grieving families."
Not all of the restitution has been claimed: 28 consumers are to receive approximately $104,000. That leaves $500,000 reserved for consumers who have yet to come forward.
R.G. Ortiz operates eight locations across New York City, with a main office in the Bronx, according to NBC New York.
A wider pattern of allegations
The Garcia family is suing R.G. Ortiz over its Rivera Funeral Home location in Corona, Queens, alleging a wrong body was shipped to Guatemala and the body of 96-year-old Carmen Maldonado was substituted, CBS New York reported. That case is separate from the Diaz Felipe allegations. The same attorney, Philip Rizzuto, represents both families.
CBS New York also reported the company "was named in nearly 100 lawsuits and last year was cited by New York City for 82 violations," and quoted the Department of Health saying its investigation "is seeking fines and the potential revocation of licenses." That power sits with the state Department of Health, whose Bureau of Funeral Directing licenses funeral directors and registers funeral firms under Public Health Law section 3401. A department spokesperson said the same to the New York Post in November 2024. As of August 27, 2026, the Ortiz firms remained on the department's open registry, and it publishes no public disciplinary docket, so there is no public record the case has moved since.
What families can do
DCWP's dedicated claim page for R.G. Ortiz customers is no longer online; the department's guidance at settlement was to call 311. Whether the family's $16 million claim survives is now a question for Bronx County court.
What This Means for You
*Developing: Obitley has asked the state Department of Health whether its R.G. Ortiz investigation has produced administrative charges, and our search of court and licensing records continues. This article will be updated as information becomes available.*
*Sources: Bronx County Supreme Court, Index No. 816374/2026E, summons and verified complaint, filed Aug. 19, 2026 (NYSCEF Doc. No. 1); NYC DCWP press release, Aug. 26, 2024 (settlement announcement); NYC DCWP press release, Apr. 29, 2024 (lawsuit filing); News 12 Hudson Valley, Aug. 20, 2026; NBC New York, Aug. 2026; FOX 5 New York; CBS New York (Garcia case coverage); NBC New York, May 2026; New York Post, Nov. 4, 2024; NYS Department of Health Bureau of Funeral Directing registry, accessed Aug. 27, 2026*
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