LANGAN v. ST. VINCENT'S HOSP.


25 A.D.3d 90 (2005)

802 N.Y.S.2d 476

JOHN LANGAN, Individually and as Executor of NEIL CONRAD SPICEHANDLER, Also known as NEAL SPICEHANDLER, Deceased, Respondent, v. ST. VINCENT'S HOSPITAL OF NEW YORK, Appellant.

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

October 11, 2005.


Attorney(s) appearing for the Case

Costello, Shea & Gaffney, LLP, New York City (Frederick N. Gaffney, Paul E. Blutman and Richard Paul Stone of counsel), for appellant.

David L. Taback, P.C., New York City, and Lambda Legal Defense and Education Fund, Inc., New York City (Adam Aronson and Susan L. Sommer of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Caitlin J. Halligan and Sachin S. Pandya of counsel), amicus curiae pro se.

Jay Weiser, New York City, for Association of the Bar of the City of New York, amicus curiae.

Jo M. Katz, New York City, for Women's Bar Association, amicus curiae (joining in brief of Association of the Bar of the City of New York).

Marilyn J. Flood, New York City, for New York County Lawyers' Association, amicus curiae (joining in brief of Association of the Bar of the City of New York).

Patrick C. O'Reilly, Buffalo, for American Academy of Matrimonial Lawyers, amicus curiae (joining in brief of Association of the Bar of the City of New York).

H. MILLER, J.P., and SCHMIDT, J., concur with LIFSON, J.: FISHER and CRANE, JJ., dissent and vote to affirm the order in a separate opinion by FISHER, J.


OPINION OF THE COURT

LIFSON, J.

The underlying facts of this case are not in dispute. After many years of living together in an exclusive intimate relationship, Neil Conrad Spicehandler (hereinafter Conrad) and John Langan endeavored to formalize their relationship by traveling to Vermont in November 2000 and entering into a civil union. They returned to New York and continued their close, loving, committed...

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