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GANCI v. GANCI

92 A.D.2d 881 (1983)

Elizabeth Ganci, Appellant, v. Salvatore Ganci, Respondent

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

March 14, 1983

Order reversed, with $50 costs and disbursements, and matter remitted to the Supreme Court, Suffolk County, for a hearing and new determination, in accordance herewith.

On the evidence presented, it was erroneous and an improvident exercise of discretion for Special Term to vacate the provision granting exclusive possession of the marital residence to the plaintiff and to direct a partition and sale of the premises and equal...

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