Rosado v. Mercedes-Benz of North America, Inc.

Appellate Division of the Supreme Court of New York

Rosado v. Mercedes-Benz of North America, Inc.

69 A.D.2d 877, 416 N.Y.S.2d 517, 1979 N.Y. App. Div. LEXIS 11604

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

DecidedApril 23, 1979

StatusPublished

Cited by1 cases

This text of 69 A.D.2d 877 (Rosado v. Mercedes-Benz of North America, Inc.) 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

Rosado v. Mercedes-Benz of North America, Inc., 69 A.D.2d 877, 416 N.Y.S.2d 517, 1979 N.Y. App. Div. LEXIS 11604 (N.Y. Ct. App. 1979).

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Opinion

In a wrongful death action, defendant Mercedes-Benz of North America, Inc., appeals from an order of the Supreme Court, Westchester County, entered July 19, 1978, which granted plaintiff’s motion to strike its written interrogatories. Order affirmed, with $50 costs and disbursements. The fourth cause of action in plaintiff’s amended verified complaint, although incorrectly drawn on behalf of the plaintiff "individually”, is essentially a claim (albeit inartfully broad) for general damages arising out of the decedent’s wrongful death (see EPTL 5-4.1; 67 NY Jur, Wrongful Death, §§75, 77, 82, 163, 165, 167). The instant case thus falls squarely within the holding of Allen v Minskoff (38 NY2d 506) and the interrogatories were properly stricken (see CPLR 3130). Titone, J. P., Suozzi, Lazer and Cohalan, JJ., concur.

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In a wrongful death action, defendant Mercedes-Benz of North America, Inc., appeals from an order of the Supreme Court, Westchester County, entered July 19, 1978, which granted plaintiff’s motion to strike its written interrogatories. Order affirmed, with $50 costs and disbursements. The fourth cause of action in plaintiff’s amended verified complaint, although incorrectly drawn on behalf of the plaintiff "individually”, is essentially a claim (albeit inartfully broad) for general damages arising out of the decedent’s wrongful death (see EPTL 5-4.1; 67 NY Jur, Wrongful Death, §§75, 77, 82, 163, 165, 167). The instant case thus falls squarely within the holding of Allen v Minskoff (38 NY2d 506) and the interrogatories were properly stricken (see CPLR 3130). Titone, J. P., Suozzi, Lazer and Cohalan, JJ., concur.

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Bluebook (online)

69 A.D.2d 877, 416 N.Y.S.2d 517, 1979 N.Y. App. Div. LEXIS 11604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosado-v-mercedes-benz-of-north-america-inc-nyappdiv-1979.

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