Langan v. St. Vincent's Hospital

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Langan v. St. Vincent's Hospital
New York State Supreme Court, Appellate Division, Second Department seal.gif
Seal of the Second Department
Court New York Supreme Court, Appellate Division, Second Department
Full case name John Langan, Individually and as Executor of Neil Conrad Spicehandler, also known as Neal Spicehandler, Deceased, Respondent, v. St. Vincent's Hospital of New York, Appellant
DecidedOctober 11, 2005
Citation25 A.D.3d 90, 802 N.Y.S.2d 476, 2005 N.Y. Slip Op. 07495
Case history
Appealed from New York Supreme Court
Appealed to New York Court of Appeals
Court membership
Judges sittingH. Miller, Schmidt, Lifson, Fisher, Crane
Case opinions
Same-sex partner in civil union recognized by another state is not a "spouse" under New York law.
MajorityLifson, joined by H. Miller, Schmidt
DissentFisher, joined by Crane

Langan v. St. Vincent's Hospital is a 2005 decision of the New York Supreme Court, Appellate Division, Second Department, which held that a same-sex partner married in a Vermont civil union was not a "surviving spouse" under New York's wrongful death statute and that limiting the statute to heterosexual marriages did not violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution or the analogous provision in the New York Constitution. [1] :147,156

References

  1. Harris, Christin (2006). "Langan v. St. Vincent's Hospital of New York". New York State Constitutional Decisions: 2006 Compilation. Touro Law Review . 22 (1): 147–156.