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FARRAR v. BROOKLYN UNION GAS

131 Misc.2d 936 (1986)

Arthur M. Farrar, as Administrator of The Estate of Gladys L. Farrar, Deceased, Plaintiff, v. Brooklyn Union Gas Co., Defendant.

Supreme Court, Richmond County.

April 30, 1986

Attorney(s) appearing for the Case

John J. Brennan for plaintiff. Cullen & Dykman for defendant.

CHARLES A. KUFFNER, J.

In this wrongful death action, defendant/third-party plaintiff Brooklyn Union Gas Co. moves for summary judgment pursuant to CPLR 3212 in its favor dismissing the complaint of plaintiff.

The issue is whether the amount paid or payable to the Federal Government representing the estate tax of the decedent is recoverable as an item of damages in a wrongful death action. An ancillary...

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