This section contains the nature of the case and procedural background.

P lost an eye while working as a lasher aboard D's vessel SS Export Builder in New York waters. P commenced an action for damages against D in the New York Supreme Court on grounds of negligence and unseaworthiness. Leave to amend the complaint to add his spouse as a plaintiff for loss of society was denied by the New York Supreme Court. The Appellate Division reversed, and granted P's motion to amend. The New York Court of Appeals agreed and held that Mrs. Alvez should be permitted to maintain her claim for loss of society under maritime law. D appealed.

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