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Grifel v. Madsen

Quantum Meruit Recovery of Domestic Services Value Is Not Recognized Under NYS Law

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion: Papers Numbered Notice of Motion/Cross Motion/Order to Show Cause and Affidavits (Affirmations) Annexed        1, 2 Opposing Affidavits (Affirmations)      3, 4 Reply Affidavits (Affirmations)                5 DECISION/ORDER   Upon the foregoing papers, defendant Earl Andrew Madsen moves, for an order, pursuant to CPLR 3211(a)(7), to dismiss the complaint for failure to state a cause of action. Background Plaintiff commenced this action against defendants Earl Andrew Madsen, JP Morgan Chase Bank, and US Alliance Federal Credit Union on January 3, 2020. In her complaint, plaintiff alleges five causes of action: imposition of a constructive trust, unjust enrichment, breach of an express oral contract, quantum meruit recovery of the reasonable value of domestic services, and partition and/or sale of the premises. Plaintiff contends that she and defendant Madsen were in a romantic relationship for many years, cohabitated together since 2007, and agreed to purchase a house together (Complaint

11, 14, annexed as exhibit A to defendant’s motion papers). According to the complaint, plaintiff asked her mother to borrow money for the down payment for the house, and in July 2013, plaintiff’s mother transferred $50,000 to defendant Madsen’s bank account for this purpose (Id. at

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