I am doing some research on options available to me for a potential lawsuit I may file. I live in New York state and I am currently married. I am about to begin the process for divorce and I was wondering if there was any type of action I am able to take against the person who intentionally assisted my husband in the breakdown of our marriage, otherwise known as his mistress. This woman was well aware of our marriage and advised me she does not have to respect or honor our marriage. Now she has opened her doors to him and I am left taking care of our 3 kids, one being a newborn. I came across a law - tortious interference. Would this apply in this case?
1 Answer from Attorneys
You are talking about alienation of effection.
However, you cannot sue for it because the cause of action has been abolished.
§ 80-a. Causes of action for alienation of affections, criminal
conversation, seduction and breach of contract to marry abolished. The
rights of action to recover sums of money as damages for alienation of
affections, criminal conversation, seduction, or breach of contract to
marry are abolished. No act done within this state shall operate to give
rise, either within or without this state, to any such right of action.
No contract to marry made or entered into in this state shall operate to
give rise, either within or without this state, to any cause or right of
action for its breach.