Markhoff v. Markhoff

In Markhoff v. Markhoff (225 AD2d 1000 [3d Dept 1996]), the ex-wife entered into a brokerage agreement for the sale of her residence. While her home was on the market, her ex-husband sent three individuals to her home posing as potential buyers, each of whom subsequently testified that the ex-wife introduced, identified or referred to the boyfriend as her husband. Additionally, a process server testified that when she attempted to serve the boyfriend with legal papers, the ex-wife said he was in the shower and suggested that she return at a later time, stating, "my husband takes long showers." (Id. at 1002.) The Court concluded that such testimony, coupled with the ex-wife's admission that she referred to her boyfriend as her husband in the context of selling the house, plainly constituted the assertive conduct required to establish that plaintiff held herself out as another man's wife.