HALL v. GEBBIA


47 A.D.2d 724 (1975)

Mattie Hall, as Administratrix of The Estate of Charlie Hall, Jr., Deceased, Appellant, v. Frank Gebbia et al., Respondents

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

March 3, 1975


Settlement negotiations of this wrongful death action culminated in a formal stipulation of settlement recorded in open court. The parties concede that the settlement amount was essentially to compensate the mother of the deceased and not his "common law" wife or the child born of that relationship. Since his "common law" wife was at the time of the occurrence legally married to another, she clearly had no pecuniary loss cognizable at law upon the death of Charlie Hall. Plaintiff...

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