Avery v. Caldwell

Appellate Division of the Supreme Court of New York

Avery v. Caldwell

69 A.D.3d 535, 892 N.Y.2d 760

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 28, 2010

StatusPublished

This text of 69 A.D.3d 535 (Avery v. Caldwell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Avery v. Caldwell, 69 A.D.3d 535, 892 N.Y.2d 760 (N.Y. Ct. App. 2010).

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Opinion

The parties, who are of the same sex, had a long-term, significant relationship, but never married, so the Domestic Relations Law (see Domestic Relations Law § 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. Concur— Mazzarelli, J.E, Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ.

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The parties, who are of the same sex, had a long-term, significant relationship, but never married, so the Domestic Relations Law (see Domestic Relations Law § 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. Concur— Mazzarelli, J.E, Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ.

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Bluebook (online)

69 A.D.3d 535, 892 N.Y.2d 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-caldwell-nyappdiv-2010.

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