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Verdicts
Proving a Marriage for Derivative Claim
In an action for wrongful death due to medical malpractice, a man who made a claim for loss of consortium but who was unable to produce a valid marriage certificate to prove his marriage was allowed on motion for summary judgment to preserve the question whether he and the deceased were married. Sharpe v. West Side Hematology & Oncology PC, 114639/ 04 (Sup. Ct., New York Cty., 2/9/07).
In an action for wrongful death due to medical malpractice, the defense challenged a man's right to recover for loss of consortium on the basis that he could not produce a marriage certificate to prove he was married to the deceased. The question before the court therefore ' one apparently not explicitly resolved by New York case law ' was whether the existence of a marriage is a question of fact or law, and as such, whether the man could prove his marriage to the deceased by circumstantial and testimonial evidence. The court held that he could.
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