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LESOCOVICH v. 180 MADISON AVE. CORP.

165 A.D.2d 963 (1990)

Michael W. Lesocovich et al., Appellants, v. 180 Madison Avenue Corporation, Respondent

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

September 27, 1990

It is a rule in this State that damages cannot be recovered under a claim for loss of consortium unless the party asserting said claim was lawfully married to the injured person at the time of the actionable conduct (Briggs v Butterfield Mem. Hosp., 104 A.D.2d 626; see, Du Bois v Community Hosp., 150 A.D.2d 893, 894). Here it is uncontroverted that plaintiffs were

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