1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 148 A.D.3d
  5. 148 A.D.3d 653 (2017)
 

ROSEN v. SCHWARTZ

3578, 157124/15.

148 A.D.3d 653 (2017)

2017 NY Slip Op 02517

49 N.Y.S.3d 301

RUSSELL W. ROSEN et al., Appellants, v. JONATHAN SCHWARTZ, Respondent.

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

Decided March 30, 2017.

Although defendant was found not guilty by reason of mental disease or defect in connection with the stabbing death of his mother, the complaint stated a viable wrongful death claim against him pursuant to EPTL 5-4.1, since an insane person may be liable in tort for his actions (see Hirsch v Mastroianni, 80 A.D.2d 633, 634 [2d Dept 1981]; Albicocco v Nicoletto,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases