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CONSORTI v. OWENS-CORNING

86 N.Y.2d 449 (1995)

657 N.E.2d 1301

634 N.Y.S.2d 18

Frances Consorti, Individually and as Executrix of John Consorti, Deceased, Plaintiff, v. Owens-Corning Fiberglas Corp., Defendant.

Court of Appeals of the State of New York.

Decided October 24, 1995.

Attorney(s) appearing for the Case

Siff Rosen, P. C., New York City (William G. Ballaine, Lisa S. Rabinowitz and Phyllis M. Wrann of counsel), for defendant.

Levy Phillips & Konigsberg, L. L. P., New York City (Steven J. Phillips, Alani Golanski, Moshe Maimon and Stephenie Lannigan of counsel), for plaintiff.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and CIPARICK concur; Judge SIMONS taking no part.

LEVINE, J.

Under settled New York law, because consortium represents each marital partner's interest in the continuance of the marital relationship as it existed at the inception of the marriage, a loss of consortium cause of action by the spouse of an injured person "does not lie if the alleged tortious conduct and resultant injuries occurred prior to the marriage" (Anderson v Lilly & Co.,...

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