Legal Opinion

Alberino v. Long Island Jewish-Hillside Medical Center

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

Decided June 7, 1982PublishedCited by 10 opinions

1Opinion of the Court

*218OPINION OF THE COURT

Mangano, J. P.

Two questions are raised on this appeal. First, whether the provisions of section 117 of the Domestic Relations Law divest an infant of his right to recover damages for the wrongful death of his natural parent by reason of the infant’s adoption subsequent to the parent’s death, but prior to commencement of the wrongful death action? Second, if not so divested, whether proof of the fact of adoption is admissible on the trial of such action? We answer both questions in the negative.1

Deborah T. died on February 17, 1975, shortly after the birth of her son Scott.…

2Cases cited11 opinions

  1. Sider v. . General Electric Co.New York Court of Appeals · 1924
  2. Pitkin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  3. Rodak v. FuryAppellate Division of the Supreme Court of the State of New York · 1969
  4. Sider v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1922
  5. Western Union Telegraph Co. v. CochranNew York Court of Appeals · 1951

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3Cited by10 opinions

  1. Cotgreave v. Public Administrator of Imperial County (Cal.)Appellate Division of the Supreme Court of the State of New York · 1982
  2. DeLuca v. GalloAppellate Division of the Supreme Court of the State of New York · 2001
  3. United States v. ComparatoDistrict Court, E.D. New York · 1993
  4. Application of AdlerDistrict Court, E.D. New York · 1994
  5. In re the Estate CassarAppellate Division of the Supreme Court of the State of New York · 1992

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