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BEER v. HELLER

148 A.D.2d 649 (1989)

Cindy Beer, Appellant-Respondent, v. Mortimer B. Heller, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 27, 1989

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the cross appeal is dismissed as abandoned, without costs or disbursements.

The plaintiff, Cindy Beer, who was legally separated from her husband, but not divorced, started dating the defendant, Mortimer Heller, in 1979. In June 1984 the parties allegedly entered into an express oral contract whereby the plaintiff

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