Sinanaj v. City of New York

Appellate Division of the Supreme Court of New York

Sinanaj v. City of New York

117 A.D.3d 605, 986 N.Y.S.2d 118

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

DecidedMay 22, 2014

StatusPublished

This text of 117 A.D.3d 605 (Sinanaj v. City of New York) 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

Sinanaj v. City of New York, 117 A.D.3d 605, 986 N.Y.S.2d 118 (N.Y. Ct. App. 2014).

Pincite

Opinion

Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about January 21, 22, and 23, 2014, which, to the extent appealed from as limited by the briefs, denied defendants-appellants’ motions to dismiss plaintiff Selvi Sinanovic’s claim for pecuniary loss, pursuant to EPTL 5-1.2, unanimously affirmed, without costs.

Defendants lack standing to challenge plaintiffs status as a surviving spouse, since they are neither “personal representative[s]” nor “distributee[s]” of the decedent (see EPTL 5-4.4 [a] [1]), and damages have not yet been recovered in the wrongful death action for the benefit of the decedent’s distributees.

Concur — Friedman, J.P, Acosta, Saxe and Gische, JJ.

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Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about January 21, 22, and 23, 2014, which, to the extent appealed from as limited by the briefs, denied defendants-appellants’ motions to dismiss plaintiff Selvi Sinanovic’s claim for pecuniary loss, pursuant to EPTL 5-1.2, unanimously affirmed, without costs.

Defendants lack standing to challenge plaintiffs status as a surviving spouse, since they are neither “personal representative[s]” nor “distributee[s]” of the decedent (see EPTL 5-4.4 [a] [1]), and damages have not yet been recovered in the wrongful death action for the benefit of the decedent’s distributees.

Concur — Friedman, J.P, Acosta, Saxe and Gische, JJ.

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Bluebook (online)

117 A.D.3d 605, 986 N.Y.S.2d 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sinanaj-v-city-of-new-york-nyappdiv-2014.