Legal Opinion
Farrar v. Brooklyn Union Gas Co.
New York Supreme Court
Decided April 30, 1986PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles A. Kuffner, J.
In this wrongful death action, defendant/third-party plaintiff Brooklyn Union Gas Co. moves for summary judgment pursuant to CPLR 3212 in its favor dismissing the complaint of plaintiff.
The issue is whether the amount paid or payable to the Federal Government representing the estate tax of the decedent is recoverable as an item of damages in a wrongful death action. An ancillary issue is whether or not movant is entitled to the relief of dismissal as a matter of law.
In a wrongful death action, the amount of recovery for damages is measured by the fair…
2Cases cited24 opinions
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Yowell v. Piper Aircraft Corp.Texas Supreme Court · 1986
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Parilis v. FeinsteinNew York Court of Appeals · 1980
- Coleman v. New York City Transit AuthorityNew York Court of Appeals · 1975
19 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lindsay v. Allstate Ins. Co.District Court of Appeal of Florida · 1990
- Farrar v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Pratt v. George Spalty Sons, Inc.New York Supreme Court · 1987