Legal Opinion
Coloney v. Coloney
Appellate Division of the Supreme Court of the State of New York
Decided January 6, 2011PublishedCited by 5 opinions
1Opinion of the CourtEgan Jr., J.
Appeal from a judgment of the Supreme Court (Sise, J.), entered May 7, 2010 in Fulton County, which divided the proceeds from the sale of the marital home.
Plaintiff and defendant were married in June 1972. In 1989, the parties entered into a written separation agreement which, as relevant here, provided that defendant was to have sole possession of the former marital residence. More specifically, it provided that during his occupancy, defendant was to assume the obligation to pay the mortgage, taxes, insurance, utilities and expenses for repairs, and that, upon a sale of the house, the…
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