Nunes v. Durante

— Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered October 12, 1990, which referred the issue of the validity of the parties’ 1989 separation agreement to a Special Referee to hear and report with recommendations, held defendant’s motion for partial summary judgment in abeyance and granted exclusive occupancy of the marital apartment pendente lite to defendant, unanimously modified, on the law and the facts and in the exercise of discretion, to direct a hearing by the IAS court as to whether defendant’s exclusive use and occupancy of the marital apartment should…