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Dee v. Rakower

Appellate Division of the Supreme Court of New York
976 N.Y.S.2d 470 (N.Y. App. Div. 2013)


Facts

Laura Dee (plaintiff) and Dena Rakower (defendant) lived together in a committed, same-sex relationship for 17 years. Both Dee and Rakower had full-time jobs until they decided to start having children. The couple decided that Dee would quit her full-time job to care for the children. The couple also orally agreed that, as a condition of Dee quitting her job, Dee would share in Rakower’s financial contributions to the family, including income and retirement contributions and earnings. Dee and Rakower broke up. Dee brought suit for breach of contract, seeking one-half of Rakower’s retirement contributions and earnings during the time that Dee cared for the children. Dee also sought an order for a constructive trust. The trial court dismissed the complaints. Dee appealed.

Rule of Law

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Issue

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Holding and Reasoning (Austin, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence/Dissent (Dillon, J.)

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