DANIEL v. CITY OF NEW YORK


8 A.D.3d 6 (2004)

777 N.Y.S.2d 492

MARGARET DANIEL, as Administrator of the Estate of THEADWARD DANIEL, JR., Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

June 1, 2004.


The claim for loss of inheritance should not have been dismissed given evidence that decedent was earning income at the time of his death and had a life expectancy of 25 to 30 years, and absent evidence as to what extent, if any, decedent's ailments shortened his work-life expectancy. While plaintiff's demand seems exaggerated, calculation of the inheritance lost is a question of fact for the trier of fact (see Parilis v Feinstein, 49 N.Y.2d 984

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