MORONE v. MORONE


50 N.Y.2d 481 (1980)

Frances Morone, Also Known as Frances Cross, Appellant, v. Frank Morone, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1980.


Attorney(s) appearing for the Case

Joel R. Brandes, Robert W. Kahn, P. C., Andrew F. Capoccia, P. C., and Peter K. Levine for appellant.

James H. Doran for respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge MEYER; Judge JONES dissents in part and votes to affirm in a separate opinion in which Judge JASEN concurs.


MEYER, J.

Presented by this appeal are the questions whether a contract as to earnings and assets may be implied in fact from the relationship of an unmarried couple living together and whether an express contract of such a couple on those subjects is enforceable. Finding an implied contract such as was recognized in Marvin v Marvin (18 Cal.3d 660) to be conceptually...

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