EPSTEIN v. EPSTEIN


29 A.D.2d 545 (1967)

Terri Epstein, Respondent, v. Herbert Epstein, Appellant

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

December 11, 1967


No opinion.

Christ, Acting P. J., and Rabin, J. dissent in part and vote to modify the order so as to deny so much of plaintiff's motion as was for a direction that she be given exclusive occupancy of the marital home for her and the child's use and to affirm the order as so modified. On the facts presented by the moving affidavits, it was an improvident exercise of discretion to award exclusive possession of the marital home to plaintiff wife prior to trial of this...

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