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ROSADO v. MERCEDES-BENZ OF NORTH AM., INC.

69 A.D.2d 877 (1979)

Maria C. Rosado, Individually and as Executrix of Louis Rosado, Deceased, Respondent, v. Mercedes-Benz of North America, Inc., Appellant, et al., Defendants

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

April 23, 1979

Order affirmed, with $50 costs and disbursements.

The fourth cause of action in plaintiff's amended verified complaint, although incorrectly drawn on behalf of the plaintiff "individually", is essentially a claim (albeit inartfully broad) for general damages arising out of the decedent's wrongful death (see EPTL 5-4.1; 67 NY Jur, Wrongful Death, §§ 75, 77, 82, 163, 165, 167). The instant case thus falls squarely within the holding of Allen v Minskoff...

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