Legal Opinion

Raum v. Restaurant Associates, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 1998PublishedCited by 8 opinions

1Opinion of the Court

—Order, Supreme Court, *370New York County (Sheila Abdus-Salaam, J.), entered August 5, 1996, which granted defendants’ motions for partial summary judgment dismissing plaintiff executor’s individual wrongful-death claims against them, affirmed, without costs.

The IAS Court correctly held that the wrongful-death statute (EPTL 5-4.1), which, by its terms (EPTL 1-2.5, 4-1.1, 5-1.2), does not give individuals not married to the decedent (other than certain blood relatives) a right to bring a wrongful-death action, operates without regard to sexual orientation, in that unmarried couples living…

2Cases cited5 opinions

  1. Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
  2. Matter of JacobNew York Court of Appeals · 1995
  3. In re the Estate of CooperAppellate Division of the Supreme Court of the State of New York · 1993
  4. In re the Estate of CooperNew York Surrogate's Court · 1990
  5. Greenwald v. H & P 29th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by8 opinions

  1. Hernandez v. RoblesNew York Supreme Court · 2005
  2. Hernandez v. RoblesAppellate Division of the Supreme Court of the State of New York · 2005
  3. Langan v. St. Vincent's HospitalNew York Supreme Court · 2003
  4. Slattery v. City of New YorkNew York Supreme Court · 1999
  5. Preferred Mutual Insurance v. PineAppellate Division of the Supreme Court of the State of New York · 2007

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