Ferdinando Lando v. State New York

[39 N.Y.2d 803 Page 804] Memorandum. We agree with the Appellate Division that the claimant, as administrator, failed to present sufficient proof to support the estate's claims for his deceased daughter's conscious pain and suffering before death and for her wrongful death. However, since we agree with the Court of Claims that he did prove his claim for his own mental anguish, a matter not discussed by the Appellate Division in its opinion, there should be a modification.