Legal Opinion
Pellegrino v. State
New York Court of Claims
Decided June 11, 1985No. Claim No. 67362PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
In this action for wrongful death, claimant Saveria Pellegrino has established that the decedent, her husband, Anthony G. Pellegrino, earned substantially more than was reported on their joint income tax returns. At issue is whether this concealed income should be considered in determining pecuniary damages.
The relevant standard for the award of damages in a wrongful death action is the pecuniary loss to a decedent’s distributees. (EPTL 5-4.3, 5-4.4.) This has been defined as the reasonable expectation, or lack of it, of future assistance or support…
2Cases cited12 opinions
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- 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
- Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Woodling v. Garrett Corp.Court of Appeals for the Second Circuit · 1987
- Susan Winter Woodling, as of the Estate of Albert D. Woodling, Deceased, Cross-Appellant v. The Garrett Corporation, Colt Electronics Company, Phoenix Aerospace, Inc., Lockheed Corporation and Texasgulf Aviation, Inc., the Garrett Corporation, Colt Electronics Company, Phoenix Aerospace, Inc., and Lockheed Corporation, Third Party the Garrett Corporation, Phoenix Aerospace, Inc., Third Party Plaintiffs- Cross-Appellants. v. Texasgulf, Inc. And Texasgulf Aviation, Inc., Third Party Defendants- Cross-AppelleesCourt of Appeals for the Second Circuit · 1987
- Farrar v. Brooklyn Union Gas Co.New York Supreme Court · 1986
- Farrar v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1987