Appellate Division of the Supreme Court of the State of New York December 24, 2001 (DeLuca v. Gallo)

OPINION OF THE COURT

Crane, J.

It is well settled that the damages recoverable in a wrongful death action are limited by the Estates, Powers and Trusts Law (EPTL) to fair and just compensation for the “pecuniary injuries” suffered by the survivors of a decedent for whose benefit an action is commenced (EPTL 5-4.3).