Musician's Girlfriend Granted Temporary Delay of Eviction

LVT Number: #20517

Facts: Musician "50-Cent" and his girlfriend began a relationship in 1995, had a child together, and lived together in a series of homes. In 2006, they agreed to buy a house together in Nassau County although, at closing, the deed was transferred from the seller only to the musician's name. In 2007, the musician claimed that the house was his, attacked his girlfriend, and sued to evict her and her two children from the house. The court ruled for the musician. The girlfriend then sued the musician in State Supreme Court, claiming breach of contract.

Facts: Musician "50-Cent" and his girlfriend began a relationship in 1995, had a child together, and lived together in a series of homes. In 2006, they agreed to buy a house together in Nassau County although, at closing, the deed was transferred from the seller only to the musician's name. In 2007, the musician claimed that the house was his, attacked his girlfriend, and sued to evict her and her two children from the house. The court ruled for the musician. The girlfriend then sued the musician in State Supreme Court, claiming breach of contract. She asked the court for a temporary injunction to stop the eviction while the court considered the case.

Court: The girlfriend wins. The court granted an interim delay of the eviction. The girlfriend could be irreparably harmed through loss of ownership and possessory rights in the home if she was evicted before her rights were determined. The girlfriend claimed that she contributed finances and labor toward the house, and the parties had entered into various business ventures during the term of their relationship. The girlfriend also claimed that the musician would be unjustly enriched if she was evicted. She said she performed homemaking services and provided financial support during the course of the relationship. These claims warranted a temporary delay against eviction and sale or transfer of the house while the former couple's rights and ownership interests were determined by the court.

Tompkins v. Jackson: NYLJ, 6/11/08, p. 29, col. 1 (Sup. Ct. NY; Edmead, J)