It is insufficient simply to assert that a child is inconsistent with chores. Without proof of pecuniary loss provided during discovery the claims must be dismissed. It is often asserted that a jury could conclude the fair amount of services lost to a parent although the Court of Appeals is clear that presentation to a jury allows “an improper element of damages. If plaintiff offers no proof of the parental pecuniary loss, and proof that a parent was relying in some way upon the services that may have been provided by a child, at the time of the allegations, the claims are properly dismissed. “The mere relationship of the parties is not sufficient to constitute a loss of services.” Pickle v. Francklyn, upon which the defendant was arrested last Fall upon affidavits that he had defrauded the plaintiff out of about 3,000,000, the. a formal statement prepared by a plaintiff or a defendant itemizing a claim or counterclaim in a suit. City of New York, 37 A.D.2d 603, 322 N.Y.S.2d 920 (2 nd Dep’t 1971) Foti v. In the suit of Sir Bache Cunard against Charles G. bill of particulars Date: 1831 a detailed listing of charges or claims brought in a legal action or of a defendant s response or counterclaim New Collegiate Dictionary. Opatich, 215 A.D.2d 714, 627 N.Y.S.2d 441 (2 nd Dep’t 1995) White v. 110.00/month Add to cart Consult Bills of Particulars in New York for the law that covers these tools used in civil and criminal cases in New York. The claim itself is improper as a claim for damages in any litigation.įurther, claims of a loss of a child’s services, better described as parental pecuniary losses, must be proven and supported by evidence. Loss of a child’s services by a parent is similarly non-compensable unless specifically claimed and particularized as special damages.īased upon black letter law, claims pertaining to the loss of “society” of a child are not compensable.
Although aware that loss of a child’s society is not compensable, we still see it as claimed damages within pleadings and bills of particulars. I will then ask for a copy of the bill of particulars, a police report (if a motor vehicle accident, a copy of the medical records, along with any other.
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