Tompkins v. Jackson

880 N.Y.S.2d 876 (2009)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D began dating in 1995 when P was in college and D was recently paroled and unemployed. D began living with P on Sutphin Boulevard, Queens, New York. In 1996, while P was pregnant with D's son, Marquise, P relocated to Far Rockaway, Queens. P testified at her deposition that in September 1996, 'a month before' Marquise was born, when the parties were 'in the bedroom,' D began saying, 'how much he loved me. And he said he always appreciated me sticking by him and supporting him in everything he does and bearing with him. And that just to bear with him, [physically, financially, and mentally] because when he makes it big, he will take care of me for the rest of my life, and everything he owns will be mine, just as well as his.' According to P, D reiterated that 'even if we weren't going to be together, we were down for life. That no matter what, whether we're together or not, that he would always take care of me. He said he would never see me fall. . . .' P told D that she 'will support' him 'until you get it together,' including taking care of the children and the house, and 'being there for D mentally . . . and financially. . . .' D said that when 'he made it big, that I would be equal partners in all of his earnings. . . . We never talked about losses. . . .' P later purchased for D a diamond ring and a watch, which were 'part of the makeup of him being a rapper.' In 1997 or 1998, D wanted to establish an entertainment company and 'needed the money to incorporate it.' P 'thought about Hollow Point Entertainment - -and Rotten Apple Records,' and 'gave it [the money] to him.' P 'financially supported' D and their joint venture agreement, by providing him money to pay for studio time, transportation to the studio, digital audio tapes (DATs), reels, and tattoos on his body. P stated that the 'company would be half mine.' From 1997 through 2000, they lived in D's grandmother's house, where P cooked, cleaned, laundered the parties' clothing, and purchased groceries for D and their son. In May 2000, D was shot in front of his grandmother's house. P slept on a chair by D's side while he was hospitalized for 18 days The parties relocated to Ps mother's house in Stroudsburg, Pennsylvania, where P nursed D back to health over the course of five months. D was an invalid with a metal rod in his right hip. He couldn't walk. He couldn't feed himself. He couldn't go to the bathroom by himself. He couldn't wash himself. P would massage his feet. That comforted him until he went to sleep. P did it because she loved him, and wanted him to be happy. In October 2003, they moved to their own apartment in Pennsylvania, where they resided for the next four years. D signed a music deal in 2003 and began 'paying some of the bills and giving plaintiff money he earned from his tours. D gave P an ATM card, a 'G-Unit Touring' American Express card, and blank checks drawn against the 'Rotten Apple' record company P 'helped him incorporate.' In 2003, D purchased a mansion in Connecticut. P visited D in Connecticut on the weekends and during summers. P declined the invitation to move to Connecticut, as she did not want to be 'left alone,' further away from her family and friends while he was 'always on tour.' In 2005, D forced P to execute a release of life story rights to the movie 'Get Rich, or Die Tryin.' Since D was 'always was telling P to purchase a house,' P hired a real estate agent to begin looking for a house in New York. In 2005, the parties moved to Bayside, as a 'way station until P found a house.' P found a house and in December 2006, 'right before the closing' and while in the Bayside apartment, P and D entered into an 'an oral agreement.' D agreed that 'the house would be in P's name. He was going to pay for it in cash, it would have no mortgage, and it would be in my name' D said this to numerous people. On December 19, 2006, D sent an email message, stating: Neek it realy hert me to hear you say you think I wouldn't Take care of you. . . You can have the house I'll have them put it in your name And I will give you money every month it dosent matter to me . . . . All the parties to the closing and P appeared at the closing, except for D. When it came time to sign the closing documents, P 'stopped the whole procedure,' took D's representative who had power of attorney Alan Hock, out of room, insisting that the house was 'supposed to be in' P's name. P called D and D told her to, 'Put Alan on the phone. I'm going to have him put the house in your name.' Mr. Hock took the phone, and said 'Wait a minute, Curtis. Wait, wait, wait.' Hock went into his office, closed the door, and came out only to advise P that 'we're going to do it. Don't worry about it. We'll do it. Let's just do it this way first. And then a couple of weeks after, we'll just' retransfer the house into P's name. The closing continued, and P was given the keys. Following the closing, P and her grandmother packed all of their belongings for the parties' move into the house in Dix Hills. Over the next two weeks, things were find but P and D 'got into a physical altercation where he hit P. P was upset because the house was supposed to be in her name, and D - - at the last minute, at the closing, he changed his mind.' D filed a petition in Family Court to establish his child support obligations and later, a petition in Housing Court to evict P from the Dix Hills home. D was directed to pay $ 6,700 in child support, which includes a housing allowance. The Housing Court granted D possession of the Dix Hills home and issued a warrant of eviction against P. P commenced the instant action seeking damages for breach of contract, unjust enrichment, and specific performance. D seeks summary judgment, arguing that P failed to establish a prima facie case for any of her claims in the complaint. D denies having any conversation with P wherein he agreed to take care of her for the rest of her or his life, and states that if he so intended he 'would have married her.' D points out that he never maintained joint accounts or held jointly titled assets with P. D also denies entering into any joint venture agreement with P related to Rotten Apple Records, which he did not form until November 2001. D claims he did not discuss Hollow Point with P. D denied just about everything that P stated in her depositions and spun the rest his way. D did not remember sending the email and was not sure that he wrote it but he was referring to the Bayside apartment and not the Dix Hill home. D contends that the alleged oral agreement violates the Statute of Frauds. Also, an action sounding in breach of contract is also barred by the six-year Statute of Limitations. D also contends that his alleged promise is far too indefinite to support a contract claim. As for P's quantum meruit claim D contends that P failed to present any proof that she expected any compensation or the reasonable value of such services and the Statute of Frauds applies to a quantum meruit action as well. Nor can P's unjust enrichment claim survive the Statute of Frauds. Any equitable relief P seeks is barred by the doctrine of laches, since P failed to raise these issues in a timely fashion.