Tillinger v. Tillinger

Full title: MADELINE TILLINGER, Respondent, v. SEYMOUR TILLINGER, Appellant

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

Date published: May 12, 1986

120 A.D.2d 584 (N.Y. App. Div. 1986)

Opinion

May 12, 1986

Appeal from the Supreme Court, Nassau County (Brucia, J.).

Order affirmed insofar as appealed from, with costs.

In view of the absence of sufficient evidence to establish that an award of the exclusive possession of the marital residence to the defendant was necessary to protect the safety of persons or property, Special Term did not err in its ruling (see, Blumenfeld v Blumenfeld, 96 A.D.2d 895; cf. King v King, 109 A.D.2d 779). Mollen, P.J., Lazer, Mangano and Thompson, JJ., concur.