Fleming v. Fleming

— Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on or about April 21, 1989, which, inter alia, granted plaintiff’s motion for exclusive occupancy of the marital residence, is unanimously reversed to the extent appealed from, on the law, on the facts, and in the exercise of discretion, and the motion is denied, without costs.

Mr. David Wallace Fleming (husband) and Ms. Caroline Acheson Fleming (wife) were married in 1967, and they have a 21-year-old son who attends school in Switzerland.

The husband is a millionaire, and his income is derived principally from inherited…