Legal Opinion

Farrar v. Brooklyn Union Gas Co.

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

Decided December 31, 1987PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Eiber, J.

The sole issue presented on appeal is whether the loss of a prospective Federal estate tax credit as a consequence of the decedent’s premature death constitutes an element of "pecuniary loss” which may be recoverable as damages in an action for wrongful death. We answer this question in the affirmative.

The facts, insofar as they pertain to this appeal, are substantially undisputed. On January 21, 1982, the decedent, Gladys Lowe Farrar, died of asphyxia by smoke inhalation during a fire in the cellar of her Staten Island home. The fire allegedly resulted when…

2Cases cited12 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
  3. Parilis v. FeinsteinNew York Court of Appeals · 1980
  4. Tilley v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
  5. Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943

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3Cited by1 opinion

  1. Lindsay v. Allstate Ins. Co.District Court of Appeal of Florida · 1990

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