PETTY v. PETTY


79 A.D.2d 679 (1980)

Richard Petty, Appellant, v. Geraldine Petty, Respondent. (Action No. 1.) In the Matter of Geraldine Petty, Appellant, v. Richard Petty, Respondent. (Action No. 2.)

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

December 22, 1980


Orders affirmed, without costs or disbursements.

The parties in their separation agreement expressly gave to the wife exclusive possession of the marital residence. Upon their divorce six weeks later, the divorce decree adopted this provision and further provided that the agreement would survive and not merge into said decree. Subsequently, the wife remarried and her new husband moved into the former marital residence. Sometime later, an application was made by the...

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