NYLE Study Guide 2026

Loss of consortium is a derivative claim by a spouse for deprivation of companionship, services, and society caused by the tortfeasor's negligent injury to the other spouse.

SCPA 1001 establishes a priority list for appointment as administrator: surviving spouse, children, grandchildren, father/mother, siblings, and other eligible persons.

Frustration of purpose (Restatement §265) excuses performance when an unforeseen event substantially destroys the value of the contract to the non-breaching party.

NY LLC Law § 503 provides that, in the absence of a governing provision in the operating agreement, profits and losses are shared in proportion to the agreed value of each member's contribution to the LLC. This default rule ties economic benefit to economic investment rather than awarding equal shares.

NY RPC 1.8(c) bars a lawyer from soliciting a gift from a client, and from preparing an instrument giving the lawyer or a person related to the lawyer a substantial gift, unless the lawyer or other recipient is related to the client (spouse, child, grandchild, parent, grandparent, other relative, or an individual with a close familial relationship). A friend is not a relative, so the attorney may not draft the will; the client should use a different, independent lawyer.

Under EPTL 4-1.1(a)(1), when the decedent leaves a spouse and children, the surviving spouse receives $50,000 plus one-half of the residue; the children share the other half.