Legal Opinion

Schwartz v. United States

District Court, N.D. New York

Decided August 8, 1962No. Civ. No. 6316Published

1Opinion of the Court

BRENNAN, District Judge.

The complaint in this action, brought under the provisions of the Federal Tort Claims Act, seeks money damages based upon two claims or causes of action. The first claim was brought under the provisions of Section 130 of the Decedent Estate Law of the State of New York, McKinney’s Consol. Laws, c. 13 and may be referred to as a death action or action to recover damages on account of personal injuries resulting in death. The second claim seeks money damages *486•under the provisions of Section 119, Decedent Estate Law, and may be generally referred to as a cause of action…

2Cases cited15 opinions

  1. Kowalsky v. Conreco CompanyNew York Court of Appeals · 1934
  2. Caspersen v. La Sala Bros.New York Court of Appeals · 1930
  3. Iacono v. Frank & Frank Contracting Co.New York Court of Appeals · 1932
  4. Wohlfron v. Brooklyn Edison Co.Appellate Division of the Supreme Court of the State of New York · 1933
  5. Storm v. New York Telephone Co.New York Court of Appeals · 1936

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