Legal Opinion

Liff v. Schildkrout

New York Court of Appeals

Decided March 27, 1980PublishedCited by 144 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

The issues on these appeals are whether a surviving spouse, in his or her individual capacity, may maintain a common-law cause of action for loss of consortium due to death and whether loss of consortium may be asserted as an element of damages within a wrongful death action.

In Liff v Schildkrout, the complaint alleges that Joseph Liff died on September 29, 1975 as a result of the malpractice of defendant, Dr. Schildkrout. Plaintiffs, executors of decedent’s estate, served a complaint setting forth two causes of action. The first cause of action sought to recover…

2Cases cited18 opinions

  1. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  2. Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
  3. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  4. Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
  5. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979

13 more not listed; retrieve them via the Exa API.

3Cited by144 opinions

  1. Carrick v. Central General HospitalNew York Court of Appeals · 1980
  2. Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
  3. Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001
  4. Pescatore v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1996
  5. Parilis v. FeinsteinNew York Court of Appeals · 1980

139 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API