LESOCOVICH v. 180 MADISON AVENUE CORPORATION

It is a rule in this State that damages cannot be recovered under a claim for loss of consortium unless the party asserting said claim was lawfully married to the injured person at the time of the actionable conduct (Briggs v. Butterfield Mem. Hosp., 104 A.D.2d 626; see, Du Bois v. Community Hosp., 150 A.D.2d 893, 894). Here it is uncontroverted that plaintiffs were living together but not married at the time the cause of action accrued. Consequently, the claim for loss of consortium was properly dismissed.

Order affirmed, with costs. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.