HALABY v. HALABY


44 A.D.2d 495 (1974)

Samuel A. Halaby, Sr., Appellant, v. Lilly F. Halaby, Respondent

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

May 23, 1974.


Attorney(s) appearing for the Case

Lines, Wilkens, Osborn & Beck (William T. Lehman of counsel), for appellant.

Wickins, Ashnault, Schaefer & Maloy (Lewis Gould of counsel), for respondent.

MARSH, P. J., MOULE, SIMONS and GOLDMAN, JJ., concur.


DEL VECCHIO, J.

The sole question presented by this appeal is whether summary proceedings are available to a husband to recover possession of a residence owned by him and occupied by his wife, to whom Family Court has awarded a weekly cash support payment which "will constitute the entire legal obligation of support that respondent [husband] will owe petitioner [wife]".

The parties have been married since...

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