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DEVANEY v. L'ESPERANCE

A-20 September Term 2007.

949 A.2d 743 (2008)

195 N.J. 247

Helen Mary DEVANEY, Plaintiff-Appellant, v. Francis A. L'ESPERANCE, Jr., Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 17, 2008.

Attorney(s) appearing for the Case

JoAnne Juliano Giger argued the cause for appellant (Newman, McDonough, Schofel & Giger, attorneys; Ms. Giger and Laurence Desind, on the brief).

William Goldberg argued the cause for respondent.

Justice WALLACE, JR., delivered the opinion of the Court.

In this appeal, we determine whether cohabitation is an indispensable element of a cause of action for palimony. Plaintiff and defendant were involved in an intimate relationship. During the course of their twenty-year relationship, defendant, who was married, continued to live with his wife and never cohabited with plaintiff. However, he promised to divorce his wife, marry plaintiff, and have a child with...

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