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Family Law Decisions
Feb 11, 2009

Defendant, also known as "50 Cent," sought summary judgment arguing plaintiff ex-girlfriend failed to establish a prima facie case for any of her claims, including breach of contract. Plaintiff claimed entitlement to at least half of defendant's multimillion -dollar estate and future income, arguing he orally promised to "take care of her for the rest of her life." Defendant argued the alleged oral agreement violated the Statute of Frauds. The court agreed and found the purported agreement was made when the parties lived together as lovers. It noted while plaintiff's statements demonstrated loving devotion and loyalty, they also undermined her breach of contract claim. The court ruled the services for which plaintiff sought compensation arose out of the nature of the relationship of the parties to one another, and were of a nature that ordinarily would be exchanged without expectation of payment. Also, the oral agreement was unenforceable as lacking in specifics, and violated the Statute of Frauds. Thus, plaintiff's complaint was dismissed entirely    Tomkins v. Jackson, Supreme Court, New York County, February 10, 2009





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