ROSENBERG v. ROSENBERG


32 A.D.2d 769 (1969)

Marcia E. Rosenberg, Respondent-Appellant, v. Frederick H. Rosenberg, Appellant-Respondent

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

June 19, 1969


Judgment of separation entered March 3, 1969, unanimously modified on the law and the facts, in the following respects: (a) That portion of the third decretal paragraph awarding sole and exclusive possession of the marital home to plaintiff is deleted. The parties are tenants by the entirety. The property is awaiting sale or other disposition by the parties. Neither is presently occupying the premises. Both have voluntarily vacated. The provision is an unnecessary protection...

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