Legal Question in Civil Litigation in New York

Loan or gift
1 Boyfriend wants to live together
2 I give landlord notice - 11/01 to move out 12/01
3 We find apt. - I put $3,000 down, so does he
4 11/15 - find out bfriend cheating for past 8 mos.
5 11/15 - tell bfriend not living w/ him
6 I still have to move 12/1; find out bfriend never gave his landlord notice and still lives in his apt today.
7 Tell bfriend I need $3k back; he says take $6k - he'll get back from realtor.
8 I move 12/1 - Cost $12k (this is NYC)
9 Realtor won't give money back
10 Forward - June/2002 - bfriend wants me back; I say no, he
bugs and harasses me for 3 mos. and I tell him no for 3 mos.
11 Today - Oct/2002 - have told bfriend if he doesn't stop, I will file complaint (oh, he's a cop in NJ!)
12 Bfriend wants money back; I'm not giving it back. He says he's going to sue me for money. I say go ahead. There was no paperwork for a loan, he never said it was a loan, and check does not indicate loan on memo line.
What does the law say?

Asked on 10/09/02, 2:13 pm

David Slater David P. Slater, Esq.

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0 attorneys agreed

Re: Loan or gift

If he sues argue it was a gift since you incurred expenses and he wanted to help you out. Good luck.

Answered on 10/09/02, 3:53 pm

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