Stugard v. Stugard

OPINION OF THE COURT

Stanley Harwood, J.

Motion by plaintiff for an order of exclusive occupancy and an order of protection is respectfully referred to Special Term, Part V, for hearing and determination. The cross motion by defendant for immediate sale of the marital residence is denied.

Plaintiff and defendant Stugard were married in 1945, are each in their late sixties, and each claims to be in ill health. Two actions for divorce were commenced in this court, one by plaintiff, the other by defendant Stugard; each were dismissed for failure of proof. By the judgment entered January 5, 1979,…