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Facilla v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 498 (N.Y. App. Div. 1995)

Opinion

November 20, 1995

Appeal from the Supreme Court, Kings County (Levine, J.).


Ordered that the judgment is affirmed, with costs.

The defendants contend that the wrongful death award was excessive. 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 N.Y.2d 984; Lanera v Hertz Corp., 161 A.D.2d 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.


Summaries of

Facilla v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 498 (N.Y. App. Div. 1995)
Case details for

Facilla v. New York City Health and Hospitals

Case Details

Full title:RENEE FACILLA, Individually and as Administratrix of the Estate of…

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

Date published: Nov 20, 1995

Citations

221 A.D.2d 498 (N.Y. App. Div. 1995)
634 N.Y.S.2d 397

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