Legal Opinion
Solomon v. Solomon
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1994No. Appeal No. 1PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting, pursuant to RPAPL 221, an order requiring the sheriff to eject plaintiff from the marital residence. Defendant Leonard Solomon (defendant) is not the record owner of the premises, and the judgment of divorce does not grant defendant exclusive possession of the premises nor does it direct plaintiff to vacate the premises. Thus, we reverse that order (appeal No. 3).
The…
2Cases cited2 opinions
- Fleitz v. FleitzAppellate Division of the Supreme Court of the State of New York · 1994
- Guy v. JamesAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by8 opinions
- Bernstein v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2005
- Howe v. HoweAppellate Division of the Supreme Court of the State of New York · 2009
- Masella v. MasellaAppellate Division of the Supreme Court of the State of New York · 2009
- Gann v. GannAppellate Division of the Supreme Court of the State of New York · 1996
- Key Bank v. DembsAppellate Division of the Supreme Court of the State of New York · 1997
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