Bogen v. State

Appellate Division of the Supreme Court of New York

Bogen v. State

5 A.D.3d 521, 772 N.Y.S.2d 869

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 2004

DocketClaim No. 92429

StatusPublished

Cited by5 cases

This text of 5 A.D.3d 521 (Bogen v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bogen v. State, 5 A.D.3d 521, 772 N.Y.S.2d 869 (N.Y. Ct. App. 2004).

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Opinion

In a claim, inter alia, to recover damages for wrongful death, etc., the State of New York appeals, as limited by its brief, from so much of a judgment of the Court of Claims (Mignano, J.), dated January 8, 2003, as, after a nonjury trial on the issue of damages, is in favor of the claimant Jessica Bogen and against it in the principal sum of $1,250,000 for past and future loss of parental care and guidance.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The damages award does not deviate materially from what would be reasonable compensation for past and future loss of parental guidance and care (see Paccione v Greenberg, 256 AD2d 559, 560-561 [1998]; Bryant v New York City Health & Hosps. Corp., 250 AD2d 797, 798 [1998], mod on other grounds 93 NY2d 592 [1999]). Ritter, J.P., Goldstein, Crane and Rivera, JJ., concur.

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In a claim, inter alia, to recover damages for wrongful death, etc., the State of New York appeals, as limited by its brief, from so much of a judgment of the Court of Claims (Mignano, J.), dated January 8, 2003, as, after a nonjury trial on the issue of damages, is in favor of the claimant Jessica Bogen and against it in the principal sum of $1,250,000 for past and future loss of parental care and guidance.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The damages award does not deviate materially from what would be reasonable compensation for past and future loss of parental guidance and care (see Paccione v Greenberg, 256 AD2d 559, 560-561 [1998]; Bryant v New York City Health & Hosps. Corp., 250 AD2d 797, 798 [1998], mod on other grounds 93 NY2d 592 [1999]). Ritter, J.P., Goldstein, Crane and Rivera, JJ., concur.

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5 A.D.3d 521, 772 N.Y.S.2d 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogen-v-state-nyappdiv-2004.

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