Milberg v. Milberg

Concur — Markewieh, J. P., Nunez, Steuer and Tilzer, JJ.; McNally, J., dissents in the following memorandum : I dissent and vote to modify by denying the application without prejudice to a renewal thereof when the younger daughter of the parties reaches majority. Plaintiff heretofore obtained a judgment of divorce in July of 1960. The majority has affirmed a modification of the decree, annulling and striking the provision which granted occupancy of the real property to the plaintiff. The decree, dated July 1, 1960, contains the following language: “ ordered, adjudged and DECREED, that the…