In Blek v. Blek (306 NY 27 [1953]), a 4-3 decision, the issue was whether there was sufficient proof of a "holding out" by a couple to find a common- law marriage. The majority held that the proof established that the couple maintained an apartment together and engaged in other activities--in addition to "holding themselves out"--and these facts were sufficient to establish a "common-law" marriage. The dissent defined the requisites for a common-law marriage: "One of the prime requisites for establishing a common-law marriage is proof of the couple's 'common reputation' as man and wife; their holding themselves out as such to a few people is not sufficient, particularly where there is compelling evidence to refute the existence of such asserted relationship. 'Mere reputation,' as this court long ago said, 'is never conclusive, except when it is general, and supported by other circumstances.' " Id. at 30 [Fuld, J., dissenting] .) The Court of Appeals majority opinion in Blek v. Blek is only three paragraphs long. The Appellate Division, Second Department, affirmed the trial court in a one-sentence opinion, indicating that the "holding out" was determined by a jury. (Blek v. Blek, 281 App Div 692, 281 A.D. 852, 117 NYS2d 852 [2d Dept 1952].)