Bianco v. Sun Oil Co.

At common law an action for damages for “ loss of services ” abated at the death of the plaintiff. (Cregin v. Brooklyn Crosstown R. Co., 75 N. Y. 192.) The statute that saves certain causes of action from abatement (Dec. Est. Law, § 120, as amd. by Laws of 1932, chap. 458) excludes actions for “ personal injuries.” Under section 37-a of the General Construction Law (as added by ■ Laws of 1920, chap. 917) an action for “ personal injury ” includes an action based upon a personal injury to another. (See Gorlitzer v. Wolffberg, 208 N. Y. 475; Psota v. Long Island R. R. Co., 246 id. 388.) It,…