Legal Opinion

I.Q. v. A.Q.

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

Decided June 18, 1996PublishedCited by 1 opinion

1Opinion of the Court

Domestic strife is a recognized standard for an award of temporary exclusive possession (Belli Venneri v Belli Venneri, 120 AD2d 238, 240). The existence of such strife is defendant’s stated reason for having left the marital home, and his use for storage of a portion of it—a second apartment that was combined with the first and then separated again by stipulation after commencement of the action. There being no dispute of a significant potential for strife should defendant return, and no genuine issue raised that defendant’s exclusion would cause him more than minimal disruption, the motion…

2Cases cited4 opinions

  1. Wolfe v. WolfeAppellate Division of the Supreme Court of the State of New York · 1985
  2. Delli Venneri v. Delli VenneriAppellate Division of the Supreme Court of the State of New York · 1986
  3. Tillinger v. TillingerAppellate Division of the Supreme Court of the State of New York · 1988
  4. Judell v. JudellAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by1 opinion

  1. Twaite v. TwaiteAppellate Division of the Supreme Court of the State of New York · 1997

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