Tenzer v. Tucker

OPINION OF THE COURT

George A. Murphy, J.

The motion by the plaintiff, for an order, inter alla, awarding the plaintiff temporary custody of the parties’ out-of-wed*469lock child and support for that child, is granted to the extent indicated below.

At the heart of plaintiff’s omnibus motion for various forms of relief is the unusual request to the court that it award temporary maintenance to one member of an unmarried couple.

Plaintiff’s complaint is apparently based primarily upon the landmark Court of Appeals case of Morone v Morone (50 NY2d 481), wherein the court held that an express agreement…