HUTTON v. BRINK


19 A.D.3d 177 (2005)

798 N.Y.S.2d 378

EDWARD F. HUTTON, Appellant, v. ALEXIS HADASSE BRINK, Also Known as LINDA HADASSE ABRAM, Respondent.

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

June 9, 2005.


Plaintiff alleges that the parties, after holding themselves out as husband and wife for some three years, entered into a Pennsylvania common-law marriage. Under Pennsylvania law, "[a] common law marriage can only be created by an exchange of words in the present tense, spoken with the specific purpose that the legal relationship of husband and wife is created by that [exchange]" (see Staudenmayer v Staudenmayer, 552 Pa. 253, 261-262...

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