Hanson v. County of Erie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
Where the sole distributees of a deceased child are divorced parents, neither of whom is disqualified under EPTL 4-1.4 from taking a distributive share in the child’s estate, it does not automatically follow that damages awarded for the wrongful death of the child must be distributed in equal shares to the surviving parents. We thus decline to adopt the decision in Matter of Smith (103 Misc 2d 619), where the Surrogate held that unless a divorced father had abandoned the child, he must be awarded an equal share of the proceeds of such an action.
Dorothy D.…
2Cases cited11 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
- Franchel v. SimsAppellate Division of the Supreme Court of the State of New York · 1980
- Tenczar v. MilliganAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by6 opinions
- Scalone v. Phelps Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1992
- United States v. ComparatoDistrict Court, E.D. New York · 1993
- Zelizo v. UllahAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Estate CassarAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Estate of EllersAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.