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LANCASTER v. 46 NYL PARTNERS

228 A.D.2d 133 (1996)

651 N.Y.S.2d 440

Patricia Lancaster, as Administratrix of The Estate of Joseph R. Condo, Deceased, Appellant, v. 46 NYL Partners et al., Respondents and Third-Party Plaintiffs. Standard Erectors, Third-Party Defendant-Respondent

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

December 12, 1996

Attorney(s) appearing for the Case

Scott N. Singer of counsel (Kenneth Sacks and John M. Downey on the brief; Sacks & Sacks, attorneys), for appellant.

Michael Majewski of counsel (Callahan, Schepp, Yuhas, Adams & Carfora and Diamond, Paino, Cardo, King & Peters, attorneys), for respondents and third-party plaintiffs.

E. Richard Rimmels, Jr., of counsel (Michael A. Baranowicz on the brief; Montfort, Healy, McGuire & Salley, attorneys), for third-party defendant-respondent.

SULLIVAN, J. P., ELLERIN, ROSS and MAZZARELLI, JJ., concur.

TOM, J.

The main issue raised in this appeal concerns whether plaintiff Patricia Lancaster adequately established her status as decedent's common-law wife and decedent's paternity of two children, allegedly born out of wedlock, for the purpose of commencing the underlying wrongful death and conscious pain and suffering action against defendants.

The decedent, Joseph Ralph Condo, an ironworker by trade...

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