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FACILLA v. NEW YORK CITY HEALTH AND HOSPITALS
Appellate Division of the Supreme Court of New York, Second Department.
Nov 20, 1995
Ordered that the judgment is affirmed, with costs.
The defendants contend that the wrongful death award was excessive. We disagree. The determination of pecuniary damages in a wrongful death action is peculiarly within the province of the jury (see, Parilis v Feinstein, 49 N.Y.2d 984; Lanera v Hertz Corp., 161 A.D.2d 183). Upon a review of the decedent's age, character, earning capacity, life expectancy, and the circumstances of her distributee, we find that the damage award does not deviate materially from what would be reasonable compensation. Sullivan, J.P., Thompson, Hart and Goldstein, JJ., concur.
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