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. It discusses how to draft the bill of particulars. Opatich, 215 A.D.2d 714, 627 N.Y.S.2d 441 (2 nd Dep’t 1995) White v. This Practice Note explains the process of drafting a bill of particulars in a New York civil action. 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. a bill of costs, if the plaintiff seeks costs, disbursements. City of New York, 37 A.D.2d 603, 322 N.Y.S.2d 920 (2 nd Dep’t 1971) Foti v. These procedures also apply to the New York City Civil Court, to the Nassau and Suffolk. 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. 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.
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