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ROSENFELD v. ISAACS

79 A.D.2d 630 (1980)

Harry Rosenfeld, as Administrator of The Estate of David Rosenfeld, Deceased, Appellant, v. Irving Isaacs et al., Respondents

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

December 8, 1980

Order affirmed, with $50 costs and disbursements.

In this action to recover damages for wrongful death and conscious pain and suffering, plaintiff argues that punitive damages should be recoverable because of the allegedly egregious manner in which the deceased met his death. The statutes that give rise to the measure of damages in causes of action for wrongful death and conscious pain and suffering (EPTL 5-4.3 and 11-3.2) either explicitly or implicitly bar the recovery...

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