Steve L. Endresz, as Administrator of the Estate of Baby Boy Endresz v. Fred Friedberg, (Action No. 1.) Steve L…

Summary

The New York Court of Appeals affirmed the dismissal of wrongful‑death actions brought by the personal representative of stillborn twins, holding that the statutory wrongful‑death provision applies only to a decedent who has been born alive; the parents may recover only for their own injuries and funeral expenses. Justice Burke dissented, arguing that the legislature intended the statute to cover stillborn fetuses.