831 N.Y.S.2d 856 (2006)
The couple, whose primary residence was New York, took part in a marriage ceremony to each other in Massachusetts. They returned to New York. Their relationship deteriorated and they separated. The wealthy man's attorney drafted a "separation agreement" which both parties executed in the manner in which a deed should be executed. The agreement, which contained mutual releases, was fully performed upon its execution by the parties.
- The court held the parties' marriage was void under the laws of either New York or Massachusetts.
- However, the agreement was not void ab initio as against public policy because the parties were a same sex couple.
- The younger man delivered tangible property of more than sufficient value to the wealthy man in consideration of his entering into the agreement.
- Nor was the agreement voidable under the doctrine of mutual mistake.
- The law of New York recognized the validity of the cohabiting parties' right to settle their affairs by agreement.
The "Action For A Divorce" was dismissed for failure to state a cause of action. In all other respects, the wealthy man's motion was denied. The younger man's cross-motion to dismiss the counterclaims for rescission of the agreement was granted.
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