FARRAR v. BROOKLYN UNION GAS


134 A.D.2d 31 (1987)

Arthur M. Farrar, as Administrator of The Estate of Gladys L. Farrar, Deceased, Respondent, v. Brooklyn Union Gas Co., Appellant. (And Another Title.)

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

December 31, 1987


Attorney(s) appearing for the Case

Cullen & Dykman (Timothy J. Flanagan of counsel), for appellant.

John J. Brennan for respondent.

NIEHOFF, J. P., KUNZEMAN and SPATT, JJ., concur.


EIBER, J.

The sole issue presented on appeal is whether the loss of a prospective Federal estate tax credit as a consequence of the decedent's premature death constitutes an element of "pecuniary loss" which may be recoverable as damages in an action for wrongful death. We answer this question in the affirmative.

The facts, insofar as they pertain to this appeal, are substantially undisputed. On January...

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