Raum v. Restaurant Associates, Inc.

Rosenberger, J. P.,

dissents in a memorandum as follows: I dissent, and would reverse and remand, on the ground that under the Equal Protection Clauses of the State and Federal Constitutions, plaintiff cannot be denied standing to sue for wrongful-death damages pursuant to EPTL 5-4.1. The motion court erred in granting defendants’ motion for partial summary judgment dismissing plaintiff’s wrongful-death claim.

Under EPTL 5-4.1, a decedent’s “distributees” are entitled to sue a tortfeasor for wrongful-death damages. EPTL 1-2.5 defines a distributee as a person who would be entitled to a share of…