Opinion
2003-01203.
Decided March 15, 2004.
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.
Eliot Spitzer, Attorney-General, New York, N.Y. (Peter H. Schiff and Michael S. Buskus of counsel), for appellant.
Finkelstein Partners, LLP, Newburgh, N.Y. (Steven Lim and George M. Levy of counsel), for respondents.
Before: DAVID S. RITTER, J.P. GLORIA GOLDSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
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 A.D.2d 559, 560-561; Bryant v. New York City Health Hosps. Corp., 250 A.D.2d 797, 798, mod on other grounds 93 N.Y.2d 592).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.