I.Q. v. A.Q.
Appellate Division of the Supreme Court of the State of New York
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
- Wolfe v. WolfeAppellate Division of the Supreme Court of the State of New York · 1985
- Delli Venneri v. Delli VenneriAppellate Division of the Supreme Court of the State of New York · 1986
- Tillinger v. TillingerAppellate Division of the Supreme Court of the State of New York · 1988
- Judell v. JudellAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by1 opinion
- Twaite v. TwaiteAppellate Division of the Supreme Court of the State of New York · 1997