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Nunes v. Durante

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1992
181 A.D.2d 520 (N.Y. App. Div. 1992)

Opinion

March 17, 1992

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


Ordinarily, where there are conflicting allegations by the parties, a hearing is required before exclusive occupancy pendente lite is directed (see, Formato v Formato, 173 A.D.2d 274; Preston v Preston, 147 A.D.2d 464). We find that there was no reason to depart from that general rule in the instant case. Accordingly, the matter is remanded for a hearing to determine that issue, with the status quo of defendant's exclusive occupancy to continue pending determination of the issue by the IAS court.

Concur — Murphy, P.J., Sullivan, Ellerin, Kupferman and Kassal, JJ.


Summaries of

Nunes v. Durante

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1992
181 A.D.2d 520 (N.Y. App. Div. 1992)
Case details for

Nunes v. Durante

Case Details

Full title:SAO NUNES, Also Known as MARIA DURANTE, Appellant, v. DONALD W.P. DURANTE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 1992

Citations

181 A.D.2d 520 (N.Y. App. Div. 1992)

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