Legal Opinion

Malyszko v. Malyszko

New York Supreme Court

Decided November 14, 1990PublishedCited by 1 opinion

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

  1. O'Brien v. O'BrienNew York Court of Appeals · 1985
  2. Kahn v. KahnNew York Court of Appeals · 1977
  3. Leibowits v. LeibowitsAppellate Division of the Supreme Court of the State of New York · 1983
  4. Wyser-Pratte v. Wyser-PratteNew York Court of Appeals · 1985
  5. Farsace v. FarsaceAppellate Division of the Supreme Court of the State of New York · 1983

11 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Peterson v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1992

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