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LIFF v. SCHILDKROUT

49 N.Y.2d 622 (1980)

Eric Liff et al., as Executors of The Estate of Joseph Liff, Deceased, Appellants, v. Herman Schildkrout, Respondent. Ronald Grant, as Administrator of The Estate of Patricia Grant, Deceased, et al., Appellants, v. Richard Guidotti et al., Defendants, and Edgardo Macalino, Respondent. Vincent Ventura, as Administrator of The Estate of Anthony Ventura, Deceased, Respondent, v. Consolidated Edison Company, Inc., et al., Appellants, et al., Defendants. Gannon Personnel Agency, Inc., Plaintiff, v. City of New York et al., Defendants. (And 40 Other Actions.)

Court of Appeals of the State of New York.

Decided March 27, 1980.

Attorney(s) appearing for the Case

Seymour L. Colin, P. C., for appellants in the first above-entitled action.

Robert W. De Verna for respondent in the first above-entitled action.

S. Mac Gutman for appellants in the second above-entitled action.

Patricia D'Alvia for respondent in the second above-entitled action.

Joseph D. Ahearn, Ernest J. Williams and Michael Majewski for Consolidated Edison Company of New York, Inc., appellant in the third above-entitled action.

Allen G. Schwartz, Corporation Counsel (Bernard Burstein, L. Kevin Sheridan and Irving Cohen of counsel), for City of New York, defendant in the third above-entitled action.

Norman E. Frowley and Abraham Fuchsberg for respondent in the third above-entitled action.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.

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...

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