SCALLY v. SCALLY


151 A.D.2d 869 (1989)

Mary A. Scally, Respondent-Appellant, v. John F. Scally, Appellant-Respondent

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

June 15, 1989


Harvey, J.

The parties were married in 1971 and thereafter had two children. In 1977, they entered into a separation agreement which, among other things, provided that plaintiff was to have custody of the children and also exclusive possession of the marital residence as long as certain conditions were followed. Defendant was to pay child support in the form of residential expenses while plaintiff lived in the...

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