VALENZA v. VALENZA


67 A.D.2d 879 (1979)

Frank Valenza, Appellant, v. Bibbi Valenza, Respondent

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

February 22, 1979


Contrary to the finding by Special Term, the fact that in the matrimonial action presently pending, defendant claims a substantial arrearage in alimony and child support has no bearing upon the issues tendered for disposition in this replevin action. On this record, there is no real dispute as to plaintiff's entitlement to the chattels. Nor does defendant assert any claim of ownership. The conclusory assertion that plaintiff had abandoned the chattels when he left the marital...

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