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.