SARMIENTO v. SARMIENTO


43 A.D.2d 867 (1974)

Marina Sarmiento, Respondent, v. L. Henry Sarmiento, Appellant

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

January 28, 1974


Order reversed, without costs; motion granted to the extent of directing that the property be partitioned; and matter remitted to Special Term for reconsideration of the amount of alimony and for further proceedings not inconsistent herewith.

Under the circumstances of the childless marriage of the parties, the denial of partition was an improvident exercise of discretion. Smaller living quarters can adequately accommodate plaintiff living alone. An equitable adjustment...

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