ESTEVEZ v. TAM

2015-02719, Index No. 2912/13.

148 A.D.3d 779 (2017)

2017 NY Slip Op 01675

49 N.Y.S.3d 167

ARCADIO ESTEVEZ, as Administrator of the Estate of JUAN R. ESTEVEZ, Deceased, Appellant, v. PHILIP W. TAM, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 8, 2017.


Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the jury verdict, which awarded zero damages for the loss of the decedent's parental guidance, was not against the weight of the evidence. "In a wrongful death action, an award of damages is limited to 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" (Leger v Chasky, ...

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