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BLACK v. LOOMIS

236 A.D.2d 338 (1997)

654 N.Y.S.2d 19

Robert S. Black, Bronx Public Administrator, as Administrator of The Estate of Fernando Zambrana, Deceased, Appellant, v. Rebecca Loomis, Defendant, and Kramer Pharmacy, Respondent

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

February 27, 1997

While plaintiff is correct in noting that the plaintiff in a wrongful death action is not held to as high a degree of proof as the plaintiff in a personal injury action (Noseworthy v City of New York, 298 N.Y. 76), plaintiff is still obliged to provide some proof from which negligence could reasonably be inferred (see, Wright v New York City Hous. Auth., 208 A.D.2d 327). Here, plaintiff's opposition consists mainly...

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