Malyszko v. Malyszko
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Angelo Graci, J.
If a wife in her divorce judgment of 1981 has been awarded exclusive possession of the two-family marital residence until the emancipation of the infant children of the marriage, and the husband now alleges a substantial change of circumstances rendering him homeless and requests permission to occupy the upstairs apartment of said marital residence, can the court modify the possession award, or like a distributive award, is such a determination once made, not subject to change?
*7This is one of the questions raised by defendant Chester Malyszko in this motion…
2Cases cited16 opinions
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Kahn v. KahnNew York Court of Appeals · 1977
- Leibowits v. LeibowitsAppellate Division of the Supreme Court of the State of New York · 1983
- Wyser-Pratte v. Wyser-PratteNew York Court of Appeals · 1985
- Farsace v. FarsaceAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by1 opinion
- Peterson v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1992