The following excerpt is from Horton v. State, 272 N.Y.S.2d 312, 50 Misc.2d 1017 (N.Y. Ct. Cl. 1966):
A right of action existing at any time is not 'abrogated' within prohibition of this section against abrogation of existing rights of action to recover damages for injuries resulting in death and against the limitation of the amount recoverable, so long as the facts which give rise to the right of action which [50 Misc.2d 1024] must be proved to maintain the action are unchanged. Sutherland v. State of New York, 189 Misc. 953, 68 N.Y.S.2d 553; Matter of Meng, 227 N.Y. 264, 125 N.E. 508.
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