HACKENSACK MEDIATOR

She was a 17-year-old college student, living in a dormitory, when she began her relationship with him, then a 55-year-old divorced financier. The 17 relationship ended in 2004, and she now seeks palimony and damages for physical and emotional abuse. Does she have a cognizable claim for palimony when the parties never cohabited? He moved for dismissal, citing New Jersey precedent holding that cohabitation is an absolute prerequisite to a New Jersey claim for palimony. He also asserts that the tort claims are time-barred. The court denied dismissal, because it was not persuaded that the New Jersey Supreme Court would mandate a "bright-line" cohabitation requirement. The court also denies the motion as to the tort claims because it finds that the New Jersey statute of limitations applies in this lawsuit, and therefore some of the incidents alleged are within the limitations period. As to the others, which plaintiff argues must survive based on Battered Woman’s Syndrome, whether there was any abuse at all is hotly disputed, and will require a determination on credibility. Thus, whether alleged acts of abuse occurring outside of the two-year limitations period are preserved, cannot be decided on summary judgment.     Carino v. O’Malley, III, U.S. Dist. Ct., Mar. 28, 2007