What is the test for a common law common law relationship?

"The complex and varied relationships between men and women, when they come to an end, oft leave a bitter residue and a smoldering irritation for which the salve, often the only soothing balm, is cash. It is a poor substitute for love, affection or attention, but for many its satisfactions are longer lasting". (Trimmer v. VanBomel, 107 Misc.2d 201, 434 N.Y.S.2d 82.) The termination of this informal "live-in" relationship sounds in what has been dubbed "palimony" or "companiomony".

With respect to plaintiff's claim under the theory of an implied contract, the court dismisses same. Such a claim in the surrounding of a cohabiting relationship is not only against New York's public policy (as evidenced by the 1933 abolition of common-law marriages) but runs in to too great a risk of error for a court, in hindsight, "... to sort out the intentions of the parties and to fix jural significance to conduct carried out within an essentially private and generally noncontractual relationship ..." (Morone v. Morone, 50 N.Y.2d 481, 488, 429 N.Y.S.2d 592, 413 N.E.2d 1154).

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