Legal Opinion

Willig v. Moses

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 1993Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered November 2, 1992, which, inter alia, granted plaintiff temporary exclusive use and occupancy of the marital residence, and denied defendant temporary maintenance and interim counsel fees, unanimously affirmed, without costs.

While ordinarily a hearing is required before interim exclusive occupancy is directed (Nunes v Durante, 181 AD2d 520), the immediate hearing directed by the court in connection with this and the other issues raised on the motions is an appropriate remedy under the circumstances presented herein (cfi, supra).…

2Cases cited1 opinion

  1. Nunes v. DuranteAppellate Division of the Supreme Court of the State of New York · 1992

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