Legal Opinion

Rose v. Elias

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 1991PublishedCited by 8 opinions

1Opinion of the Court

Order, Supreme Court, New York County (David Saxe, J.), entered May 14, 1990, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

Defendant, a married man, promised in writing to purchase an apartment for the plaintiff, his female companion, in return for the "love and affection” that she provided to him during the prior three years. We agree with the IAS court that the love and affection provided by plaintiff were insufficient consideration for defendant’s promise to purchase an apartment for her (Pershall v…

2Cases cited5 opinions

  1. McGovern v. . City of New YorkNew York Court of Appeals · 1923
  2. Pershall v. ElliottNew York Court of Appeals · 1928
  3. McCall v. FramptonAppellate Division of the Supreme Court of the State of New York · 1981
  4. Parsons v. . TellerNew York Court of Appeals · 1907
  5. United States Trust Co. v. FrelinghuysenAppellate Division of the Supreme Court of the State of New York · 1941

3Cited by8 opinions

  1. Carruthers v. FlaumDistrict Court, S.D. New York · 2005
  2. Space Imaging Europe, Ltd. v. Space Imaging L.P.District Court, S.D. New York · 1999
  3. Pfeiff v. KellyAppellate Division of the Supreme Court of the State of New York · 1995
  4. Reid v. McLearyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Cohn v. LevyAppellate Division of the Supreme Court of the State of New York · 2001

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