Toth v Spellman

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Toth v Spellman 2012 NY Slip Op 04415 Decided on June 7, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 7, 2012
Tom, J.P., Andrias, Moskowitz, Acosta, Abdus-Salaam, JJ.
104047/08 7888A

[*1]7888-James Toth, Plaintiff-Appellant,

v

Lisa Spellman, Defendant-Respondent.




Law Offices of Joseph J. Mainero, New York (Anthony Hilton
of counsel), for appellant.
Law Offices of Fred L. Seeman, New York (Michelle S. Babbitt
of counsel), for respondent.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered December 30, 2009, which, inter alia, granted so much of defendant's motion for summary judgment as sought to dismiss the first three causes of action, and order, same court (Saliann Scarpulla, J.), entered July 12, 2011, which, inter alia, granted defendant's motion for summary judgment dismissing the fourth cause of action, unanimously affirmed, without costs.

The documentary evidence supports defendant's assertion that, contrary to expecting compensation for performing renovations to certain properties owned by defendant during the parties' romantic relationship, plaintiff performed the renovations out of love and affection for defendant, and in an effort to make her happy (see Morone v Morone, 50 NY2d 481 [1980]).

We have considered plaintiff's remaining arguments and find them without merit.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 7, 2012

CLERK