Scampoli v. Scampoli

In an action in which the plaintiff wife was granted a judgment of divorce, which judgment awarded her exclusive possession of the marital premises, defendant appeals from so much of an order of the Supreme Court, Suffolk County, dated December 9, 1975, as denied the branch of his motion which *694sought leave to commence an action for partition or, in the alternative, to compel plaintiff’s new husband to pay rent for use of the marital premises. Order reversed insofar as appealed from, without costs or disbursements, and matter remanded to Special Term for further proceedings not inconsistent…