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  5. 46 N.Y.2d 401 (1978)
 

BECKER v. SCHWARTZ

46 N.Y.2d 401 (1978)

Dolores E. Becker et al., Respondents, v. Eugene D. Schwartz et al., Appellants. Steven M. Park et al., Individually and as Administrators of The Estate of Lara E. Park, an Infant, Deceased, Respondents-Appellants, v. Herbert Chessin et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Norman Bard, Joseph T. Mirabel and Walter F. Wortman for appellants in the first above-entitled action.

John Anthony Bonina for respondents in the first above-entitled action.

Richard A. Young, Stephen J. Pribula and Anthony M. Sola for appellants-respondents in the second above-entitled action.

Gerald L. Gould for respondents-appellants in the second above-entitled action.

Chief Judge BREITEL and Judge JONES concur with Judge JASEN; Judge FUCHSBERG concurs in a separate opinion in which Judge COOKE concurs; Judge GABRIELLI concurs in part and dissents in part and votes to modify in a memorandum; Judge WACHTLER taking no part.

JASEN, J.

From its earliest days, the common law steadfastly clung to the notion that "in civil court the death of a human being could not be complained of as an injury." (Baker v Bolton, 1 Camp 493, 170 Eng Rep 1033 [KB, 1808].) Judicial hesitance to chart a novel course beyond the safe harbors afforded by prevailing legal theory, particularly the principle that a tort died with its victim (Huggins...

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