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MILBRANDT v. GREEN CO.

79 N.Y.2d 26 (1992)

Christina Milbrandt, as Administratrix of The Estate of Irving C. Milbrandt, Deceased, Respondent, v. A.P. Green Refractories Company, Appellant. Phyllis K. Schmertz, as Administratrix of The Estate of Robert J. Schmertz, Deceased, Respondent, v. Presbyterian Hospital in the City of New York, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Paul F. Jones, Paul Morrison-Taylor, David R. Hayes and Charles H. Fairfax, III, of the Michigan Bar, admitted pro hac vice, for appellant in the first above-entitled action.

Paul William Beltz for respondent in the first above-entitled action.

Sheila L. Birnbaum, Barbara Wrubel and Douglas W. Dunham for appellant in the second above-entitled action.

Norman Bard and Thomas A. Moore for respondent in the second above-entitled action.

Robert R. McMillan, Leslie R. Bennett and James W. Tuffin for Physicians' Reciprocal Insurers, amicus curiae in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

EPTL 5-4.3 specifies that the measure of damages awarded in a wrongful death action should be the "fair and just compensation for the pecuniary injuries resulting from the decedent's death to the persons for whose benefit the action is brought". The section also provides that "[i]nterest upon the principal sum recovered by the plaintiff from the date of the decedent's death shall be added to and...

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