Maeker v. Ross

In this case, Beverly Maeker and William Ross, although unmarried to each other, lived together and shared a marital-like relationship from 1999 to 2011. In the course of that relationship, Maeker alleged she gave up a career and devoted herself to Ross, who promised to support her in the future. In short, Maeker claimed that the two entered into a palimony agreement. In 2011, their relationship dissolved, and Maeker filed an action to enforce Ross's promise to provide financial support. Ross argued that the alleged agreement was not reduced to writing and could not be enforced under the 2010 Amendment to the Statute of Frauds. The trial court rejected Ross's argument, concluding that the Legislature intended the 2010 Amendment to be prospectively applied. The Appellate Division reversed and dismissed Maeker's complaint, holding that the Legislature intended that any palimony agreement as of 2010 had to be in writing and that oral agreements predating the Amendment were no longer enforceable. Upon review of the matter, the Supreme Court disagreed with the Appellate Division, finding that the Legislature did not intend the 2010 Amendment to apply retroactively to oral agreements that predated the Amendment. "In amending the Statute of Frauds, the Legislature was aware that historically the Statute has been construed -- absent a legislative expression to the contrary -- not to reach back to rescind preexisting, lawfully enforceable oral agreements. The Legislature has given no indication that it intended to depart from the traditional prospective application of a change to the Statute." Accordingly, the Appellate Division was reversed and Maeker’s complaint reinstated. View "Maeker v. Ross" on Justia Law