Truman v. Brown

434 F.Supp.3d 100

Jennifer TRUMAN, Plaintiff,

v.Peter BROWN, Defendant.

19 Civ. 1546 (PAE)

United States District Court, S.D. New York.

Signed January 21, 2020

Jeffrey Martin Carr, Bronx, NY, for Plaintiff.

Jonathon David Warner, Warner & Scheuerman, New York, NY, James Kellogg Green, James K. Green, P.A., West Palm Beach, FL, for Defendant.

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge:

This case involves a plaintiff’s attempt to enforce an agreement to keep silent about an extramarital affair in exchange for money. Plaintiff Jennifer Truman alleges that she and defendant Peter Brown engaged in a decades-long affair, during which Truman had a child, Samantha. Truman alleges that, years later, she told Samantha, now an adult, that Brown was her father, and that Truman and Brown then engaged in discussions about Brown reimbursing Truman for some of Samantha’s expenses. Truman alleges that the two reached an agreement, under which Brown would give Truman money, and Truman would cease contact with Brown’s family and not disclose her claim that Brown was Samantha’s father. After Brown failed to pay the full amount demanded by Truman, Truman brought this action, in which she sues Brown for breach of contract, intentional infliction of emotional distress, and negligent infliction of emotional distress.

Brown now moves to dismiss. For the reasons that follow, the Court dismisses Truman’s complaint, with prejudice.

I. Background

A. Factual Background¹

1. Truman and Brown’s Relationship

In 1985, Truman, then age 21, got a summer job working on Brown’s yacht in Fort Lauderdale, Florida. See Compl. ¶¶ 12, 16. Truman owned a yacht-refinishing company and had, through that work, gained boating expertise. Id. ¶ 15. Brown was a prominent businessman who headed a sportswear-manufacturing company and was wealthy, as evidenced by his private jet, cars, and boats. Id. ¶¶ 13–14. After Brown, who was in his late 30s, stopped by the yacht and met Truman, he offered her a job as a full-time member of the yacht’s crew. Id. ¶¶ 12, 17–18.

Shortly thereafter, Truman and Brown began to build a close relationship, in which Truman confided in Brown about her childhood, including her family’s limited resources, the abuse she suffered from her alcoholic mother, and her lack of a father figure. See id. ¶¶ 19–20. Truman also told Brown that she suffered from low self-esteem and that she was vulnerable to strong male influences. Id. ¶¶ 20–21. At some point, Brown attempted to turn the relationship into a sexual one. Id. ¶ 22. Truman resisted at first, but later gave in, beginning a sexual relationship that would last for decades. Id. She believed Brown cared for her and that the relationship would allow her to keep her job. Id. ¶ 23. Truman and Brown engaged in sexual acts on the yacht, in hotels, and in Brown’s car, sometimes when Brown’s wife and family were nearby. Id. ¶ 24.

During Truman and Brown’s relationship, Truman dreamt of working in the fashion industry. Id. ¶ 27. She turned down marriage proposals from another man, Jeff, to preserve her opportunity to move to New York City to pursue that dream. Id. ¶ 26. Brown said that he would help Truman, and gave her a job at Heather Hill Sportswear, a men’s and boys’ sportswear company his family owned. Id. ¶¶ 13, 27–28. She prepared to move to New York and enrolled in the Fashion Institute of Technology ("FIT"). Id. ¶ 29.

In late summer 1986, before Truman moved, she became ill. Id. ¶ 30. She decided to move to New York anyway. See id. ¶ 32. Later, Truman discovered that she was pregnant. See id. ¶¶ 31, 33–34. She was scared; she quit her job at Heather Hill, withdrew from FIT, agreed to marry Jeff, and moved back to Florida. See id. ¶¶ 35–37. Brown knew about the pregnancy and that he was the likely father. See id. ¶ 38.

In 1987, Truman gave birth to Samantha. Id. ¶ 39. In 1989, Truman and Jeff divorced, and Jeff moved to California. Id. ¶ 40. Jeff did not provide assistance to Truman and Samantha, although, after he died years later, Truman received some of his Social Security income. Id. ¶¶ 40–41. Truman did not tell Samantha that Brown was her likely father. See id. ¶ 64.

After Jeff died, Brown asked Truman to come back and work on his yacht; Truman accepted. Id. ¶ 42. Brown persuaded Truman to resume their sexual relationship; he would often comment that he should help with Samantha, although he never did. Id. ¶¶ 43, 45. Truman worked on the yacht every summer, and was often around Brown and his family. Id. ¶ 44.

After Brown’s son died, Brown and Truman spent much time together on the yacht, because Brown’s son had loved the water. Id. ¶¶ 47–48. Brown’s wife thanked Truman for taking Brown on boat rides, which she did not enjoy. Id. ¶ 48. Explaining the amount of time Truman and Brown were together, Brown told others that he "cared for [Truman] as a daughter" and that she was "part of his family." Id. Brown insisted that Truman help him maintain the lie that she was "like a daughter" to him. Id. ¶ 51. Truman felt that she was a member of Brown’s family and was confused by the relationship. Id. ¶ 52. Brown led Truman to believe that if she needed anything, he would be there for her. Id. ¶ 50.

In 1992, Truman’s grandmother died, and a part of her will required that Truman go back to school. Id. ¶ 54. Truman moved back to New York City and planned to attend FIT. See id. She also worked for Brown at Heather Hill, where she stayed until 1999. Id. ¶¶ 54–55.

In 2000, Truman worked on Brown’s yacht in East Hampton and later found work with a shipping magazine. Id. ¶¶ 55–56. During this time, Brown and Truman continued their sexual relationship. See id. Brown told Truman that he "should be helping her" and that "one day [her] student loans [would] be gone." Id. ¶ 57.

In 2001, Truman applied to law school and was accepted for the class entering in fall 2002. Id. ¶ 58. Brown remained in contact with Truman, but despite his promises to help her, never did. See id. ¶¶ 58–59. Truman raised Samantha on her own, covering her expenses as a child, including while Truman was in college and law school. See id. ¶¶ 60–61. Truman missed out on various opportunities while raising Samantha as a single mother. See id. ¶ 61.

Truman and Brown’s sexual relationship continued until sometime before Truman’s birthday in 2016. See id. ¶ 90. During those years, Truman alleges, Brown took advantage of her weaknesses and insecurities to make her "his sexual possession" and "his sexual ‘play thing.’ " Id. ¶ 88. Brown alienated Truman from her own support system. Id. ¶ 89.

The day after Truman’s birthday in 2016, after Truman had begun to see man named Ivan, Brown called Truman, joking that she needed to return some of his old jackets. Id. ¶ 90. This prompted Ivan to ask questions about Truman’s relationship with Brown, including whether Brown was Samantha’s father. Id. ; see also Sept. 21, 2018 Ltr. at 1. In response, Truman lied to him. Sept. 21, 2018 Ltr. at 1.

At some point, Truman needed a loan and sought help from Brown. See Compl. ¶ 91. Brown put her into contact with a banker friend, but the banker refused to provide her a loan. Id. Truman returned to Brown for help. Brown responded, "if you cannot get the money anywhere else, you will have to pay me back with your body." Id. Truman declined. Id.

2. Truman and Brown’s Agreement

On June 1, 2018, Samantha took a 23andMe DNA test. Id. ¶ 63. The results indicated she was related to a relative of Brown’s. Id. On September 1, 2018, after Samantha had asked questions, Truman admitted to Samantha that Brown was likely her father. Id. ¶ 64.

On September 17, 2018, Truman sent Brown a letter, informing him that Samantha knew of his likely paternity. Id. ¶ 65; see Sept. 17, 2018 Ltr. Truman wrote: "Now that the truth is out—don't you think it is your turn to step and return the favor to me for all the pleasure/escape I gave you in life." Sept. 17, 2018 Ltr. at 1. She added: "You thought you could just use me as a sex toy, no one would find out and there would never be consequences." Id. She cited Brown’s earlier statements that he would help pay for Truman’s student loans and leave her something in his will. Id. She asked Brown to "make it right with both Samantha and myself, now, not when you die." Id.

The next day, Brown texted Truman, stating that he was not doing well, but was "eager to help where and how I can." Compl. ¶ 66; Text Chain at 2. After Brown asked what the balance of Truman’s student loans was, Truman responded: "If you want to put a price on it, think about how much it cost you to raise and educate [your daughter] Melissa, because Samantha is your daughter just like Melissa." Text Chain at 2–4. Brown responded that he would "deal with the tuition and therapies." Id. at 4.

The sum Truman sought was far less than Brown had paid toward his other children, for whom he had paid for private schools, nice clothes, vacations, and higher education. Compl. ¶¶ 67–68. Truman contrasts her motherhood with that of Brown’s wife, who had "an easy time being a ‘mother,’ " with nannies and maids to help her. Id. ¶ 68. Truman was "enraged" that Brown had not provided similar support to her and Samantha. Id. ¶ 71. As result, she wrote Brown a second letter, dated September 21, 2018; Truman texted Brown a picture of that letter on September 20, 2018. Id. ¶ 72; see Sept. 21, 2018 Ltr.; Text Chain at 5. The letter complained that Truman’s lies about her relationship with Brown had ruined her relationships with Ivan, the man she had been seeing, and with Samantha. See Sept. 21, 2018 Ltr. at 1. Truman wrote that both she and Samantha needed therapy as a result. See id. She then stated, "[y]ou have millions, I wonder how much I am worth being a sex slave in the end ... what is [your wife] Nancy worth, I am at least worth half." Id. Truman’s letter concluded: "This is the last communication, I need to be free from this ... I don't know what to say you should do, just find the right number for me. ...