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Avery v. Caldwell

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 28, 2010

HALINA AVERY, PLAINTIFF-RESPONDENT,
v.
MOLLY CALDWELL, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered February 29, 2008, which granted plaintiff's motion for summary judgment dismissing the third and eleventh counterclaims for statutory equitable distribution, spousal support and counsel fees, and denied defendant's cross motion for partial summary judgment on said counterclaims, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Sweeny, Moskowitz, Manzanet-Daniels, RomÁn, JJ.

109295/06

The parties, who are of the same sex, had a long-term, significant relationship, but never married, so the Domestic Relations Law (see § 236[B][2]) is inapplicable. In Hernandez v Robles (7 NY3d 338 [2006]), the Court rejected the equal protection and due process arguments that defendant now asserts. We note that the parties executed a Living Together Agreement, providing for distribution of certain assets.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100128

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