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LANGAN v. STATE FARM FIRE

48 A.D.3d 76 (2007)

849 N.Y.S.2d 105

In the Matter of the Claim of JOHN R. LANGAN, Appellant, v. STATE FARM FIRE & CASUALTY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

December 27, 2007.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, L.L.P., New York City (Jennifer H. Rearden of counsel), for appellant.

Stewart, Greenblatt, Manning & Baez, Syosset (David J. Goldsmith of counsel), for State Farm Fire & Casualty, respondent.

David S. Buckel, Lambda Legal Defense & Education Fund, Inc., New York City, for Lambda Legal Defense & Education Fund, Inc., amicus curiae.

CREW III, J.P., MUGGLIN and LAHTINEN, JJ., concur with KANE, J.; ROSE, J., dissents in a separate opinion.

OPINION OF THE COURT

KANE, J.

Claimant and Neal Conrad Spicehandler (hereinafter decedent) were committed domestic partners from 1986 until decedent's death in 2002. In November 2000, claimant and decedent entered into a civil union in Vermont (see Vt Stat Ann, tit 15, § 1201). In February 2002, decedent was struck by a car while he was working for claimant's insurance business, resulting in a serious leg injury. After undergoing surgery on his...

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