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Loehner v. Simons

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 468 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Suffolk County (Oshrin, J.)


Ordered that the judgment is modified, on the law, by deleting the sum of $50,000 from the award for wrongful death, representing the share of the adult son of the decedent; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff.

In a wrongful death action, an award of damages is limited to the "pecuniary injuries resulting from the decedent's death to the persons for whose benefit the action is brought" (EPTL 5-4.3 [a]; see, Gonzalez v. New York City Hous. Auth., 77 N.Y.2d 663). Further, while financially independent adults may recover in wrongful death actions ( see, Gonzalez v. New York City Hous. Auth., supra; Tilley v. Hudson Riv. R.R. Co., 29 N.Y. 252), on the facts of this case, that part of the wrongful death award that was made on behalf of the decedent's adult son in the amount of $50,000 must be vacated because there was no evidence as to any economic injury to the son caused by his mother's death.

The appellants' remaining contentions lack merit.

Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.


Summaries of

Loehner v. Simons

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 468 (N.Y. App. Div. 1997)
Case details for

Loehner v. Simons

Case Details

Full title:RUDOLPH J. LOEHNER, Individually and as Executor of NORMA LOEHNER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 1997

Citations

239 A.D.2d 468 (N.Y. App. Div. 1997)
657 N.Y.S.2d 447

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