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FITZGERALD v. SANCHEZ

60 A.D.2d 520 (1977)

Thomas I. Fitzgerald, as Administrator of The Estate of Lea J. Castillo, Also Known as Lea Jarquin, Deceased, Respondent, et al., Plaintiffs, v. Cesar Sanchez, Appellant, et al., Defendants

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

December 6, 1977

Unanimously reversed, on the law and new trial ordered on the issue of damages only, without costs or disbursements.

The brother of the decedent testified at the trial that his father resided with him. The decedent's father having survived her, he was her sole distributee (EPTL 4-1.1, subd [a], pars [4], [7]). This action was not for the benefit of the decedent's surviving brother as the court erroneously charged. The charge failed to limit recovery to the net pecuniary...

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