Trento v. Trento
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Pursuant to the separation agreement, incorporated but not merged into the parties’ judgment of divorce, defendant was entitled to exclusive possession of the marital residence until her death or until both parties agreed to sell it. Because plaintiff was not in actual or constructive possession of the former marital residence, Supreme Court properly dismissed plaintiff’s cause of action for partition (see, RPAPL…
2Cases cited8 opinions
- Praeger v. PraegerAppellate Division of the Supreme Court of the State of New York · 1990
- Cohen v. SeletskyAppellate Division of the Supreme Court of the State of New York · 1988
- McNally v. McNallyAppellate Division of the Supreme Court of the State of New York · 1987
- Fischman v. FischmanAppellate Division of the Supreme Court of the State of New York · 1994
- Tacconi v. TacconiAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by3 opinions
- Harold v. HaroldAppellate Division of the Supreme Court of the State of New York · 2015
- Ferraro v. JanisNew York Supreme Court · 2008
- Harold v. HaroldAppellate Division of the Supreme Court of the State of New York · 2015