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JUDELL v. JUDELL

128 A.D.2d 416 (1987)

Doris Judell, Respondent-Appellant, v. Robert Judell, Appellant-Respondent

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

March 10, 1987

The record establishes that the defendant husband, of his own volition, has not resided in the marital home since September 1983. He admits that he now lives in Connecticut and intends to reside there in the future. Moreover, he also has several other alternative residences available, and would not suffer any disruption from an award of temporary exclusive possession to the wife. The plaintiff on the other hand, persuasively argues...

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