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DELUCA v. GALLO

287 A.D.2d 222 (2001)

735 N.Y.S.2d 596

MICHELLE DELUCA et al., Appellants, v. MARIELLEN GALLO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 24, 2001.

Attorney(s) appearing for the Case

Louis Grandelli, Brooklyn, for appellants.

Zachary & Zachary, Staten Island (Deborah C. Zachary and Mary Ellen Dicks of counsel), for respondents.

O'BRIEN, J. P., LUCIANO and SMITH, JJ., concur.

OPINION OF THE COURT

CRANE, J.

It is well settled that the damages recoverable in a wrongful death action are limited by the Estates, Powers and Trusts Law (EPTL) to fair and just compensation for the "pecuniary injuries" suffered by the survivors of a decedent for whose benefit an action is commenced (EPTL 5-4.3). These compensable damages include the loss of support, services, voluntary assistance, the prospect of inheritance, and the medical and funeral...

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