Legal Opinion
Vitkun v. Vitkun
New York Supreme Court
Decided May 11, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Oscar Murov, J.
This appears to be a case of first impression under New York’s Equitable Distribution Law (L 1980, ch 281). At issue is whether in a matrimonial action, the court may award exclusive possession of the marital residence where said marital residence was acquired by the other spouse prior to the marriage sought to be dissolved and title is in his name alone. The court determines that it may not do so.
The parties were married two years ago on April 7,1979. There are no issue of this marriage. Plaintiff is 46 while the defendant is 62 years of age. Both parties…
2Cases cited8 opinions
- Anderson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974
- Matter of Anderson v. Bd. of Educ. of the City of YonkersNew York Court of Appeals · 1976
- Erie County v. WhalenNew York Court of Appeals · 1978
- Erie County v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
- Childs v. . SmithNew York Court of Appeals · 1871
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3Cited by2 opinions
- Zelnik v. ZelnikAppellate Division of the Supreme Court of the State of New York · 1991
- Leibowits v. LeibowitsAppellate Division of the Supreme Court of the State of New York · 1983