ROSENSTIEL v. ROSENSTIEL


17 A.D.2d 106 (1962)

Lewis S. Rosenstiel, Appellant, v. Susan L. Rosenstiel, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

September 25, 1962.


Attorney(s) appearing for the Case

Julian B. Rosenthal of counsel (Benjamin A. Javits and Charles Roden with him on the brief; Javits & Javits, attorneys), for appellant.

Walter S. Beck of counsel (Louis Nizer and Herbert N. Bobrow with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for respondent.

BREITEL, J. P., RABIN, VALENTE, EAGER and STEUER, JJ., concur.


Per Curiam.

Plaintiff husband sues to recover possession of personal property left with defendant wife when the parties physically separated. She interposes an affirmative defense that he abandoned her wrongfully and therefore she is entitled to use such property "in conjunction with her use and occupancy of their marital residence". She argues that while she has no title or ordinary lien to the property, she may...

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