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MOYER v. STATE

175 A.D.2d 607 (1991)

Linda D. Moyer, as Administratrix of The Estate of John C. Moyer, Deceased, Appellant, v. State of New York, Respondent

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

July 12, 1991

Judgment unanimously affirmed without costs.

Memorandum:

The calculation of damages for wrongful death is a matter resting within the province of the finder of the fact (Parilis v Feinstein, 49 N.Y.2d 984, 985). Among the factors to be considered in making an award for pecuniary damages in a death action involving a child are age, life expectancy, decedent's earning potential, probability of means to support parents...

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