Appellate Division of the Supreme Court of New York, 1981

Lindsay v. Lindsay

Lindsay v. Lindsay
Appellate Division of the Supreme Court of New York · Decided April 3, 1981
81 A.D.2d 753; 438 N.Y.S.2d 153; 1981 N.Y. App. Div. LEXIS 11326
Lindsay v. Lindsay

Opinion of the Court

— Judgment unanimously affirmed, without costs. Memorandum: We do not regard that portion of the judgment which provides “and in any other case the marital residence shall be sold” as establishing an unspecified occurrence which would pre-empt or supersede any of the specific events earlier set forth in the judgment defining conditions which would terminate the grant of exclusive use and occupancy of the marital residence to defendant. (Appeal from judgment of Monroe Supreme Court — separation.) Present — Simons, J.P., Hancock, Jr., Doerr, Den-man and Schnepp, JJ.

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