WINDUS v. BAKER


67 A.D.2d 833 (1979)

Ned Windus, as Administrator of The Estate of Connie Windus, Deceased, Appellant, v. Ruth A. Baker, as Administratrix of The Estate of Zane Edwards, Deceased, Respondent

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

January 25, 1979


Judgment and order reversed, on the law and facts, with costs, and a new trial granted solely on the issue of damages.

Memorandum:

The 13-year-old decedent was overcome and died as a result of carbon-monoxide poisoning. In an action brought to recover for her wrongful death, the jury awarded her estate, in addition to the funeral expenses and a grave marker, the sum of $4,854.50 for pecuniary loss. In determining...

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