Legal Opinion

Facilla v. New York City Health and Hospitals Corporation

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1995PublishedCited by 6 opinions

1Opinion of the Court

—In an action to recover damages, inter alia, for wrongful death, the defendants appeal from a judgment of the Supreme Court, Kings County (Levine, J.), entered March 24, 1994, which, upon a jury verdict, is in favor of the plaintiff and against the defendants in the total sum of $1,245,750.40.

Ordered that the judgment is affirmed, with costs.

The defendants contend that the wrongful death award was *499excessive. We disagree. The determination of pecuniary damages in a wrongful death action is peculiarly within the province of the jury (see, Parilis v Feinstein, 49 NY2d 984; Lanera v Hertz Corp.,…

2Cases cited2 opinions

  1. Parilis v. FeinsteinNew York Court of Appeals · 1980
  2. Lanera v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by6 opinions

  1. Klos v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  2. Garcia v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Altmajer v. MorleyAppellate Division of the Supreme Court of the State of New York · 2000
  4. Motelson v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Estevez v. TamAppellate Division of the Supreme Court of the State of New York · 2017

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