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AVERY v. CALDWELL

69 A.D.3d 535 (2010)

892 N.Y.S.2d 760

2010 NY Slip Op 577

HALINA AVERY, Respondent, v. MOLLY CALDWELL, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2010.

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 N.Y.3d 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...

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