WALDECK v. WALDECK


138 A.D.2d 373 (1988)

Joan Waldeck, Respondent, v. Henry J. Waldeck, Appellant

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

March 7, 1988


Ordered that the order is modified, on the law and the facts, by deleting so much thereof as granted the branch of plaintiff's motion that sought exclusive possession of the marital residence, pendente lite, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing in accordance therewith; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

In view of the conflicting affidavits and the plaintiff's failure...

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