Neild v. Wolfe

OPINION OF THE COURT

Edward H. Lehner, J.

Defendant moves pursuant to CPLR 3211 (subd [a], pars 5, 7) to dismiss the complaint on the grounds that the agreement alleged in the complaint, to share the apartment involved in this suit and the benefits derived therefrom, is unenforceable and the relief requested is violative of public policy.

FACTS

Plaintiff and defendant are former lovers who once shared the thought they would one day marry. On or about May 1, 1974, the parties located and moved into an apartment at 235 East 87th Street in Manhattan. The lease was executed in the name of the…