Partner Angelo Sarno to Argue 2nd Palimony Case to the NJ Supreme Ct.
By Snyder Sarno D'Aniello Maceri & da Costa LLC on June 21, 2021
In 2014, SSDMD Partner Angelo Sarno successfully argued a palimony case before the New Jersey Supreme Court. Our State Supreme Court decided in the 2014 case, Maeker v. Ross, that the amendment to the Statute of Frauds does not apply retroactively to bar palimony agreements that were entered into prior to the amendment. Oral palimony agreements entered into prior to the amendment remain enforceable.
On May 18, 2021, the New Jersey Supreme Court granted a petition of certification in the matter of Moynihan v. Lynch. Mr. Sarno will be arguing this palimony case, on behalf of Kathleen Moynihan, to the New Jersey Supreme Court this upcoming court term.
In Moynihan, Ms. Moynihan entered into a relationship with Mr. Lynch in 1997 and the relationship terminated in 2015. The parties never married. Mr. Sarno will argue that during the course of their relationship, Mr. Lynch made promises by word and by conduct to Ms. Moynihan such that he intended to financially support Ms. Moynihan for life. In 2014, Mr. Lynch even drafted a written agreement stating what Ms. Moynihan would receive upon termination of the relationship. The palimony agreement was in writing as the 2010 amendment to the Statute of Frauds required, but the parties were not advised by independent counsel.
Among other arguments relating to the Statute of Frauds and binding oral palimony agreements, Mr. Sarno will be arguing that the amendment requiring independent advice of counsel for both parties is inherently unconstitutional.
Check our blog for updates on the status of the case in the coming months.
If you have any questions or concerns about palimony in your New Jersey family law matters where individuals entered into a long-term, non-marital relationship and one partner was financially dependent on and supported by the other partner, please contact the skilled matrimonial attorneys at Snyder Sarno D’Aniello Maceri & da Costa LLC. Call us today at (973) 274-5200.
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