SCHILLER v. SCHILLER


80 A.D.2d 164 (1981)

Nan E. Schiller, Appellant, v. P. Wilson Schiller, Respondent, et al., Defendant

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

April 30, 1981


Attorney(s) appearing for the Case

Donald E. Egan, Jr., for appellant.

Thomas L. Knaphle for respondent.

SWEENEY, KANE, CASEY and WEISS, JJ., concur.


MAHONEY, P. J.

The facts are not in dispute. P. Wilson Schiller and Mary Schiller were married in 1946, and in 1965 they acquired title to a residence in Broome County as tenants by the entirety. On January 5, 1978 they executed a separation agreement which provided, inter alia, that Mary Schiller would have exclusive possession of the marital residence until she wanted the residence sold or she remarried or she occupied the house with another...

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