In reading state Sen. Brad Hoylman’s Dec. 22 commentary in the New York Law Journal, one can only find it amazing how the politicians of the state with the highest tort cost per household in the nation manage to keep straight faces when they try to characterize their support for the Grieving Families Act (GFA) as a reform measure designed to drag New York State out of the “antebellum era”. So let’s get something clear.
It is true, as Hoylman says, that most other states provide some form of recovery for emotional damages of close family members in a wrongful death case. It’s also true that the statute prohibiting such recovery in New York is of hoary provenance, from 1847.
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