Legal Opinion

Lando v. State

New York Court of Appeals

Decided May 4, 1976No. Claim 54483PublishedCited by 33 opinions

1Opinion of the Court

Memorandum. We agree with the Appellate Division that the claimant, as administrator, failed to present sufficient proof to support the estate’s claims for his deceased daughter’s conscious pain and suffering before death and for her wrongful death. However, since we agree with the Court of Claims that he did prove his claim for his own mental anguish, a matter not discussed by the Appellate Division in its opinion, there should be a modification.

The record amply demonstrates that the hospital, once learning that claimant’s daughter had disappeared, negligently failed to undertake a careful…

2Cited by33 opinions

  1. Kennedy v. McKesson Co.New York Court of Appeals · 1983
  2. Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
  3. Taggart v. CostabileAppellate Division of the Supreme Court of the State of New York · 2015
  4. Green v. LeibowitzAppellate Division of the Supreme Court of the State of New York · 1986
  5. Nevin v. Citibank, N.A.District Court, S.D. New York · 2000

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