This website requires JavaScript. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari.

Options

From our private database of 28,700+ case briefs...

Gomez v. Windows on the World

New York Supreme Court, Appellate Division

804 N.Y.S.2d 849 (2005)

Facts

Wilder Gomez died in the September 11, 2001 attack on the World Trade Center during the course of his employment. Tatiana Gomez (defendant) claimed death benefits as Gomez’s surviving spouse, and Elisa Gomez Escalante (plaintiff) challenged. Escalante married Gomez in their native Colombia in 1984, and they had three children. Escalante had previously been married to Guillermo Rojas in 1981, but that marriage was terminated by divorce prior to her marriage to Gomez. Gomez emigrated to the United States alone in 1991 and married Tatiana in 1992. After emigrating, Gomez continued to support Escalante and their children. The workers’-compensation-law judge (WCLJ) found that Tatiana was the surviving spouse and granted her benefits, stating that Escalante’s prior marriage to Rojas was not fully terminated, making her marriage to Gomez questionable. Escalante appealed to the Workers’ Compensation Board (the board) for review, presenting documentary evidence from Colombia showing both the validity of her marriage to Gomez, by presenting proof of her divorce from Rojas, and that her marriage to Gomez had never been terminated. An affidavit from an experienced Colombian attorney was submitted to attest to the meaning and validity of the documentary proof. The board affirmed the WCLJ’s decision, and Escalante appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, please start your free trial or log in.

Holding and Reasoning (Cardona, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.
Unlock this case brief Read our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.
Learn about our approach Read more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership

Here's why 546,000 law students have relied on our case briefs:

Reliable - written by law professors and practitioners, not other law students
The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
Access in your class - works on your mobile and tablet
28,700 briefs - keyed to 983 casebooks
Uniform format for every case brief
Written in plain English - not in legalese and not just repeating the court's language
Massive library of related video lessons - and practice questions
Top-notch customer support