The family of Angela Rodriguez says her body was among about 100 bodies found stacked on top of each other last month at the Andrew Cleckly Funeral Home in Brooklyn.
Rodriguez's family says they don't even know how the body ended up there.
They say they had made arrangements for a cremation with Dekalb Funeral Services, also in Brooklyn, back in March.
"What we want are answers, who did what, when, why," said Kathryn Barnett, the family's attorney. "Angela Rodriguez was a living, breathing human, she wasn't just some piece of trash that could be discarded because she had passed away."
The family's lawsuit claims the funeral homes engaged in breach of duty and deceptive trade practices.
Neither funeral home has commented.
MORE CORONAVIRUS COVID-19 COVERAGE
COVID-19 Help, Information and Resources
New York state
Grieving the lost: Tri-State residents who have died
Share your coronavirus story with Eyewitness News
Stimulus check scams and other coronavirus hoaxes
Coronavirus prevention: how clean are your hands?
Centers for Disease Control and Prevention on coronavirus
Total count of NYC COVID-19 cases based on patient address