In passing the law, state legislators believed it would only be relevant for gay partnerships, said Grey of Grey & Grey in Farmingdale, N.Y. "They had no clue that heterosexual people that had children by one marriage and lived with a boyfriend or girlfriend would qualify under this statute," he said.
Grey represents the daughter of Paul Innella, a systems analyst who was among the 658 Cantor Fitzgerald employees killed at the World Trade Center.
Grey said he initially had concerns that the case might be perceived as against homosexuals.