BLACK v. MOODY

While defendants contend that Aime Chee-Lan was not the common-law wife of the decedent and accordingly is without standing as a distributee to seek damages for the decedent's alleged wrongful death, summary judgment dismissing plaintiffs' wrongful death cause of action upon this ground was properly denied. While a common-law marriage may not arise in New York, New York does accord recognition to common-law marriages validly contracted in sister States (see, Cross v. Cross, 102 A.D.2d 638). Chee-Lan's affidavit, to the effect that she and the decedent held themselves out as, and expressed an intent to be, husband and wife in a jurisdiction that recognizes common-law marriage, sufficiently raised triable issues as to whether she had in fact entered into a common-law marriage with the decedent cognizable in New York.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.