I am happy to assist you.
No, a wife cannot sue a husband's mistress for alienation of affection in NYS. However there may be other causes of action for the wife to pursue.
You may have an action for the torts of intentional infliction of emotional distress and interference with contract (the marriage contract).
Intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.
To establish a prima facie
claim for tortious interference with contract, a plaintiff must show the existence of a valid contractual relationship or business expectancy; the interferer's knowledge of the relationship or expectancy; intentional interference inducing or causing a breach or termination of the relationship or expectancy; and resultant damage to the party whose relationship or expectancy has been disrupted.
If you have any additional questions that you would like me to assist you with, you can start your question off with: This question is for FLANDNYLAWYER.
Best of luck.
Bonus and Positive Feedback indicate a job well done.
THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE.