"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."
Wrongful death action
A civil action against someone who can be held liable for a death. Any tortious injury that caused someone's death may be grounds for a wrongful death action. Under the common law, a claim for wrongful death had to be brought by the decedent's survivors (usually close relatives only); modern wrongful death statutes have modified that rule.
Cerbelli v. City of New York, 600 F. Supp. 2d 405, 429 (E.D.N.Y. 2009) (citation omitted).
