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SURLAK v. FULFREE

145 A.D.2d 79 (1989)

Joseph E. Surlak, Appellant, v. Ellen P. Fulfree, Also Known as Ellen P. Surlak, Respondent

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

February 14, 1989

Attorney(s) appearing for the Case

J. Anthony Burton for appellant.

Wekstein & Fulfree (Richard W. Fulfree of counsel), for respondent.

LAWRENCE, J. P., KUNZEMAN, SULLIVAN and BALLETTA, JJ., concur.

Per Curiam.

The instant appeal presents for our consideration the issue of whether a provision in the parties' separation agreement which grants the defendant wife a right of exclusive use and occupancy of the marital premises, and which imposes no express conditions or limitations upon that right, should nevertheless be deemed limited by law to a reasonable duration. For the reasons which follow, we conclude that it should...

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