DeLucia v. DeLucia

— Harvey, J.

Appeal from an order of the Supreme Court (Doran, J.), entered June 17, 1988 in Albany County, which denied defendant’s motion for temporary exclusive use and possession of the marital residence.

The parties are married and have two minor daughters. A divorce action was commenced, the parties were granted temporary joint custody of the children, and eventually defendant made this motion for temporary exclusive use and possession of the marital residence where plaintiff now resides. In support of her motion, defendant submitted several affidavits alleging, inter alia, that plaintiff…