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RAUM v. REST. ASSOCS., INC.

252 A.D.2d 369 (1998)

675 N.Y.S.2d 343

Donald Raum, Appellant, v. Restaurant Associates, Inc., et al., Respondents

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

July 9, 1998

The IAS Court correctly held that the wrongful-death statute (EPTL 5-4.1), which, by its terms (EPTL 1-2.5, 4-1.1, 5-1.2), does not give individuals not married to the decedent (other than certain blood relatives) a right to bring a wrongful-death action, operates without regard to sexual orientation, in that unmarried couples living together, whether heterosexual or homosexual, similarly lack the right to bring a wrongful-death...

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