Facilla v. New York City Health and Hospitals Corporation

Appellate Division of the Supreme Court of New York

Facilla v. New York City Health and Hospitals Corporation

221 A.D.2d 498, 634 N.Y.S.2d 397, 1995 N.Y. App. Div. LEXIS 11982

Appellate Division of the Supreme Court of the State of New York·Decided November 20, 1995·Published·Cited by 6 cases

Opinion

—In an action to recover damages, inter alia, for wrongful death, the defendants appeal from a judgment of the Supreme Court, Kings County (Levine, J.), entered March 24, 1994, which, upon a jury verdict, is in favor of the plaintiff and against the defendants in the total sum of $1,245,750.40.

Ordered that the judgment is affirmed, with costs.

The defendants contend that the wrongful death award was [499]*499excessive. We disagree. The determination of pecuniary damages in a wrongful death action is peculiarly within the province of the jury (see, Parilis v Feinstein, 49 NY2d 984; Lanera v Hertz Corp., 161 AD2d 183). Upon a review of the decedent’s age, character, earning capacity, life expectancy, and the circumstances of her distributee, we find that the damage award does not deviate materially from what would be reasonable compensation. Sullivan, J. P., Thompson, Hart and Goldstein, JJ., concur.

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—In an action to recover damages, inter alia, for wrongful death, the defendants appeal from a judgment of the Supreme Court, Kings County (Levine, J.), entered March 24, 1994, which, upon a jury verdict, is in favor of the plaintiff and against the defendants in the total sum of $1,245,750.40.

Ordered that the judgment is affirmed, with costs.

The defendants contend that the wrongful death award was [499]*499excessive. We disagree. The determination of pecuniary damages in a wrongful death action is peculiarly within the province of the jury (see, Parilis v Feinstein, 49 NY2d 984; Lanera v Hertz Corp., 161 AD2d 183). Upon a review of the decedent’s age, character, earning capacity, life expectancy, and the circumstances of her distributee, we find that the damage award does not deviate materially from what would be reasonable compensation. Sullivan, J. P., Thompson, Hart and Goldstein, JJ., concur.

Facilla v. New York City Health and Hospitals Corporation, 221 A.D.2d 498, 634 N.Y.S.2d 397, 1995 N.Y. App. Div. LEXIS 11982 (N.Y. Ct. App. 1995).

Pincite

221 A.D.2d 498 (Facilla v. New York City Health and Hospitals Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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