Wrongful death action

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"Finally, plaintiff asserts a state law claim for wrongful death under [a New York statute].  To recover damages for wrongful death, the plaintiff must prove: (1) the death of a human being; (2) a 'wrongful act, neglect or default of the defendant' that caused the decedent's death; (3) the survival of distributees who suffered pecuniary loss by reason of the decedent's death; and (4) the appointment of a personal representative of the decedent."