Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
418 Sharon Stapel whether a partnership existed. A court will look at the relevant testimony, conduct, and documentary evidence. Hanlon v Melfi, 102 Misc 2d 170 (Sup Ct, NY County, 1979). However, courts have held that oral contracts are unenforceable under the statute of frauds. Robin v Cook, NYLJ, Oct 30, 1990, col. 1, p. 21 (Sup Ct, NY County). 40. A court may impose a constructive trust as to property to prevent one party from being unjustly enriched. Generally, such a trust may be imposed upon a showing of the following four factors: (1) a confidential or fiduciary relationship; (2) a promise or agreement, express or implied; (3) a transfer in reliance on such promise or agreement; and (4) unjust enrichment. Thus, in Minieri v Knittel, the Supreme Court of New York County indicated that a constructive trust might be appropriate in the case where one party to a lesbian couple transferred nominal and joint title to her real and personal assets to her partner in reliance on an oral agreement between them that it was being held for the transferor and would be conveyed to the transferor upon request. 188 Misc 2d 298 (Sup Ct, NY County, 2001). Importantly, in Mineri, the Supreme Court also noted that the above enumerated factors are not necessarily determinative for the imposition of a joint trust. 41. Conversion is defined as an act or series of acts of willful interference, without lawful justification, with an item of property in a manner inconsistent with another’s right, whereby that other person is deprived of the use and possession of the property. Black’s Law Dictionary, 8th ed. (2004). Thus it would include such acts as taking possession of a partner’s property, refusing to give up on demand, disposing of the goods to a third person, or destroying them. In Tucker v Evanczik, the Fourth Department determined that by the act of fraudulently signing a partner’s name on a vehicle registration and then selling the vehicle to a third party constituted conversion. 78 AD2d 993 (4th Dept 1980). 42. Replevin constitutes an action for the repossession of personal property wrongfully taken or detained by the defendant, whereby the plaintiff gives security for and holds the property until the court decides who owns it. Black’s Law Dictionary, 8th Ed. (2004). Generally, replevin is applicable only when the property or thing is capable of specific identification or certain designation. Replevin may be employed to permit the recovery of chattels of a wide variety of goods including motor vehicles and computer equipment. Although rarely used, replevin may be a powerful weapon when an abuser wrongly holds property belonging to the victim.
Domestic Violence in the LGBT Communities 419 43. Because intimate partner violence in many LGBT relationships may not be pursued in Family Court or Supreme Court, LGBT survivors may consider civil torts remedies. These torts could include assault, battery, the intentional infliction of emotional distress, false imprisonment, defamation, or public disclosure of private facts. 44. Small Claims Court may be used to recover money for damages or property taken by an abusive partner up to a value of $5,000. The Small Claims Court is a simple, inexpensive and informal court where people can sue for money without a lawyer. For more information, see http://www.courts.state.ny.us/courts/nyc/smallclaims/general.shtml (last visited May 3, 2006). 45. Braschi v Stahl Assocs., 74 NY2d 201 (1989). The First Department has extended Braschi to protect same-sex partners in rent-stabilized apartments. East 10th Street Assocs. v Estate of Goldstein, 154 AD2d 142 (1st Dept 1990). A lower court in the Second Department has also extended Braschi to protect same-sex partners in rent-stabilized apartments. LaMarche v Miles, L&T Index No. 078102/04 (NYLJ 11/4/2005). 46. Minors v Tyler, 137 Misc 2d 505 (NY City Civ Ct, 1987). However, a Nassau County Court, in Blake v Stradford, 188 Misc 2d 347 (NY Dist Ct, 2001), held that a domestic partner was a licensee and subject to eviction. In Dejesus v Rodriguez, 768 NYS2d 126 (NY City Civ Ct, 2003), the New York City Civil Court specifically declined to follow Blake. 47. Before the Roommate Law was enacted in 1983, leases could prohibit tenants from living with anyone other than “family members.” Landlords regularly used these lease restrictions to evict unmarried couples, including lesbian and gay couples. The State Legislature passed the Roommate Law specifically to prohibit landlords from evicting these families based on their marital status. 48. Real Property Law 235-f. 49. McKinney’s RPAPL § 601.
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Domestic Violence in the LGBT Communities 419<br />
43. Because intimate partner violence in many LGBT relationships may not be<br />
pursued in Family <strong>Court</strong> or Supreme <strong>Court</strong>, LGBT survivors may consider<br />
civil torts remedies. These torts could include assault, battery, the<br />
intentional infliction of emotional distress, false imprisonment, defamation,<br />
or public disclosure of private facts.<br />
44. Small Claims <strong>Court</strong> may be used to recover money for damages or<br />
property taken by an abusive partner up to a value of $5,000. The Small<br />
Claims <strong>Court</strong> is a simple, inexpensive and informal court where people can<br />
sue for money without a lawyer. For more information, see<br />
http://www.courts.state.ny.us/courts/nyc/smallclaims/general.shtml (last<br />
visited May 3, 2006).<br />
45. Braschi v Stahl Assocs., 74 NY2d 201 (1989). The First Department has<br />
extended Braschi to protect same-sex partners in rent-stabilized<br />
apartments. East 10th Street Assocs. v Estate of Goldstein, 154 AD2d 142<br />
(1st Dept 1990). A lower court in the Second Department has also extended<br />
Braschi to protect same-sex partners in rent-stabilized apartments.<br />
LaMarche v Miles, L&T Index No. 078102/04 (NYLJ 11/4/2005).<br />
46. Minors v Tyler, 137 Misc 2d 505 (NY City Civ Ct, 1987). However, a<br />
Nassau County <strong>Court</strong>, in Blake v Stradford, 188 Misc 2d 347 (NY Dist Ct,<br />
2001), held that a domestic partner was a licensee and subject to eviction.<br />
In Dejesus v Rodriguez, 768 NYS2d 126 (NY City Civ Ct, 2003), the New<br />
York City Civil <strong>Court</strong> specifically declined to follow Blake.<br />
47. Before the Roommate Law was enacted in 1983, leases could prohibit<br />
tenants from living with anyone other than “family members.” Landlords<br />
regularly used these lease restrictions to evict unmarried couples, including<br />
lesbian and gay couples. The State Legislature passed the Roommate Law<br />
specifically to prohibit landlords from evicting these families based on<br />
their marital status.<br />
48. Real Property Law 235-f.<br />
49. McKinney’s RPAPL § 601.
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