What is the test for a plaintiff to bring an action under the New York State Code of Civil Procedure?

That case was decided at special term, in [116 N.Y. 588]1877, and the learned justice who wrote the opinion therein, as a member of the general term when the case now under consideration was affirmed, concurred in the result, and stated that, owing to recent authorities, he thought the right of action should be upheld. Some of the cases rest mainly upon the statute already alluded to, and sustain the action upon the theory that enticing away the wife is such an injury to the personal rights of the husband as to amount to an injury to the person, while others proceed upon the ground that the loss of consortium is an injury to property, in the broad sense of that word, which includes things not tangible or visible, and applies to whatever is exclusively one's own. Jaynes v. Jaynes, supra, sustains the action upon either ground, although prominence is given to the latter. Several of the cases justify the action generally, without allusion to any statute.