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MAHONEY v. MAHONEY

85 Misc.2d 911 (1975)

Virginia Mahoney, Plaintiff, v. Timothy F. Mahoney, Defendant.

Supreme Court, Special Term, Suffolk County.

December 29, 1975

Attorney(s) appearing for the Case

Long & Tuminello P. C., for plaintiff. Bernard Joseph Ferguson for defendant.

WILLIAM L. UNDERWOOD, J.

This case presents a novel twist of the proposition that partition of realty will not lie where a prior judgment of divorce has given one of the spouses exclusive use and occupancy of the marital premises until the divorce decree is modified. (Ripp v Ripp, 32 N.Y.2d 755, affd on the opn of the App Div, 38 A.D.2d 65

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