SMALL v. MVAIC


185 Misc.2d 664 (2000)

713 N.Y.S.2d 670

MARIETTA SMALL, as Public Administrator of the Estate of ALEXANDER VARGAS, Deceased, Plaintiff, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Defendant.

Supreme Court, Kings County.

September 8, 2000.


Attorney(s) appearing for the Case

Trolman, Glaser & Lichtman, P. C., New York City (Norma Lopez of counsel), for plaintiff.

Pasquale J. Russo, Harrison, for defendant.


OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

This is an action for wrongful death. It was referred to this court solely for the purposes of a jury trial on the issue of damages.

Plaintiff maintains that at time of death the decedent had two young sons. Defendant disputes the paternity of these boys and maintains that plaintiff has the burden of proving their paternity. Defendant asserts that the issue of...

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