A New York Appeals Court has ruled that the same sex partner of a man who died after surgery related to injuries suffered in a car accident does not have standing to sue the hospital for malpractice under state law. The 3-2 decision by the Appellate Division Second in Brooklyn Department overturned a Nassau County Supreme Court ruling. Plaintiffs had a civil union partnership recognized in 2000 under Vermont law. However the appeals court ruled that New York State does not recognize same-sex partners as spouses for purposes of bringing suit under its wrongful death statute. The court said that the originators of the state’s wrongful death statute did not consider same-sex partnerships when they passed the law. It suggested that the remedy is for the Legislature to change the law.
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