DEE V. RAKOWER
976 N.Y.S.2d 470 (2013)
NATURE OF THE CASE: Dee (P) appealed an order granting Rakower's (D) motion to dismiss
counts in P's action for the partition of property and to recover damages for breach of
contract.
FACTS: P and D lived together in a same-sex relationship from 1990 until 2007. They are
the parents of two children. Each party is the biological parent of one child, and each
child was legally adopted by the other party. Before they had children, each party was
employed full-time, earning a salary and retirement benefits. The parties pooled their
respective salaries to meet their shared expenses pursuant to 'a partnership and/or joint
venture.' The parties purchased a house as 'joint tenants with rights of survivorship.'
After the parties' first child, the parties agreed, that P would work part-time so that she
could 'be home with the children. P claims that her decision to leave her full-time
employment was based in part upon D's promise that P plaintiff would be entitled to one half
of D's retirement contributions and earnings for the period that P did not work at a job
that provided her with a retirement plan. P alleged 10 causes of action. At issue on this
appeal are P's eighth cause of action, which was to recover damages for breach of the
parties' alleged partnership/joint venture agreement, as well as her sixth cause of action,
which was for dissolution of the alleged partnership/joint venture and an accounting of its
assets, seventh cause of action, which was for the imposition of a constructive trust on one
half of the defendant's assets, and ninth cause of action, which was based on unjust
enrichment.
D moved to dismiss the sixth, seventh, eighth, and ninth causes of action alleged in the
complaint. That motion was granted and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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