Raynor v. C.G.C. Grocery Corp.

I agree with my colleagues that the defendants’ motion for summary judgment was properly denied. However, with respect to the issue of the decedent infant’s funeral expenses, I find that where recovery is sought by a parent individually, the standard of proof required to be met, as set forth in Marsico v Southland Corp. (148 AD2d 503, 505) should be followed (cf., Valicenti v Valenze, 108 AD2d 300, mod on other grounds 68 NY2d 826 [the cause of action therein was brought by the decedent’s husband, individually and as parent and guardian of their children, to recover damages for the loss of…