AVELLA v. AVELLA


74 A.D.2d 592 (1980)

Frances Avella, Appellant, v. Philip Avella, Respondent

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

February 11, 1980


Judgment reversed insofar as appealed from, on the law, with costs, and the third and fourth decretal paragraphs thereof are deleted, and those parts of the fifth decretal paragraph which (a) awarded defendant the children's furniture and (b) provided that a certain stipulation shall survive the judgment are deleted. The case is remitted to Special Term for a new trial before a different Justice on the issues of custody and visitation.

The only issue disputed at trial...

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