VITKUN v. VITKUN


108 Misc.2d 814 (1981)

Janice T. Vitkun, Plaintiff, v. Victor J. Vitkun, Defendant.

Supreme Court, Special Term, Suffolk County.

May 11, 1981


Attorney(s) appearing for the Case

Edward W. De Verna for plaintiff. Carl M. Mitchell for defendant.


OSCAR MUROV, J.

This appears to be a case of first impression under New York's Equitable Distribution Law (L 1980, ch 281). At issue is whether in a matrimonial action, the court may award exclusive possession of the marital residence where said marital residence was acquired by the other spouse prior to the marriage sought to be dissolved and title is in his name alone. The court determines that it may not do so.

The parties were married two...

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