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SCAMPOLI v. SCAMPOLI

54 A.D.2d 693 (1976)

Florence Scampoli, Respondent, v. Carmine Scampoli, Appellant

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

October 5, 1976

Order reversed insofar as appealed from, without costs or disbursements, and matter remanded to Special Term for further proceedings not inconsistent herewith.

The remarriage of the plaintiff is a substantial change which makes either partition of the marital premises or payment of rent for the use and enjoyment of the property appropriate. The plaintiff's new husband has an obligation to support her, including the provision...

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