The letter to the editor appeared on page 6 of the April 22, 2011 edition of the New York Law Journal.
In the case, Loiacano v. National Psychological Association for Psychoanalysis, Inc. and Consolidated Edison Company of New York, Inc., there was, as there typically is, a request for exclusion of non-party witnesses during the trial proceedings. Due to the unfairness of the prevailing interpretation of the law, Mr. Loiacano’s partner of 27 years would have been excluded from being present in the courtroom to support his life partner during the trial. Heterosexual spouses would not only have the right to remain in the courtroom, but also to file a derivative action against the defendants.
The Honorable Justice Mendez, in an appropriate exercise of his discretion, ruled that Mr. Loiacano’s partner would be allowed to remain in the courtroom to support him, stating, “It’s a longstanding relationship of twenty-five [plus] years, and I don’t think a quirk in the law that fails to recognize their relationship should prevent him from being next to his partner at this time.
Edward H. Gersowitz and Jeff S. Korek, both partners of the firm, applauded the Honorable Justice Mendez, the acting Supreme Court Justice of New York County, for his willingness to look beyond the literal interpretation of an outdated law in an effort to provide an equal and just opportunity to same-sex couples.
Gersowitz Libo & Korek, P.C. has been committed to the relentless pursuit of victims rights in New York and New Jersey for over 25 years. Focusing on personal injury, medical malpractice and product liability, the firm has won hundreds of millions of dollars for its clients. For more information on the firm.
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