Opinion
January 28, 2010.
Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered February 29, 2008, which granted plaintiffs motion for summary judgment dismissing the third and eleventh counterclaims for statutory equitable distribution, spousal support and counsel fees, and denied defendant's cross motion for partial summary judgment on said counterclaims, unanimously affirmed, without costs.
Before: Mazzarelli, J.P., Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ.
The parties, who are of the same sex, had a long-term, significant relationship, but never married, so the Domestic Relations Law ( see Domestic Relations Law § 236 [B] [2]) is inapplicable. In Hernandez v Robles ( 7 NY3d 338), the Court rejected the equal protection and due process arguments that defendant now asserts. We note that the parties executed a living together agreement, providing for distribution of certain assets.