NY Wrongful Death Suit Dismissed
-No Legal Avenue For Same-Sex Couples

by 365Gay.com Newscenter Staff

(New York City) A New York judge has ruled that a Long Island lesbian cannot sue the man responsible for the accident that killed her partner because their relationship is not recognized by New York State law.

Victoria Sarafino, 56, was struck and killed by a car on March 25, 2003 as she crossed a busy street in Valley Stream. Her partner of 18 years, Linda Saegert filed a wrongful death lawsuit against Gerard Simonelli, the driver of the car.

Police ruled the death an accident and no criminal charges were filed against Simonelli. In the wrongful death suit his lawyer argued that Saegert was not legally entitled to sue since under state law unmarried couples have no status.

Acting New York Supreme Court Judge Daniel Palmieri agreed, dismissing the case.

In his ruling Palmieri noted previous court rulings in similar cases. Among them was the case of John Langan. His partner, Neil Conrad...continue via 365Gay.com?