SHEARER v. MOONEY


109 A.D.2d 1104 (1985)

Raymond Shearer et al., Respondents, v. Daniel R. Mooney et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 1, 1985


Order unanimously reversed, on the law, with costs, and motion denied.

Memorandum:

A cause of action for loss of services and society of a spouse is predicated upon physical or mental injury or incapacity of that spouse (see, Millington v Southeastern Elevator Co., 22 N.Y.2d 498, 504; 15 NY Jur, Domestic Relations, § 302 [rev ed]; Prosser and Keeton, Torts § 125, at 932 [5th ed 1984]; Restatement...

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