PERKINS v. VOLPE


146 A.D.2d 617 (1989)

Lori Perkins, Formerly Known as Hannelore Volpe, Respondent, v. Anthony M. Volpe, Appellant

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

January 17, 1989


Ordered that the interlocutory judgment is affirmed, with costs.

As a result of their divorce, the parties held the marital dwelling as a tenant in common, with each of them owning an undivided one-half interest. In 1969 the plaintiff moved out of their home and since that time, the defendant has enjoyed the exclusive occupancy of the house. The plaintiff visited the premises on two occasions, but never entered the house because the defendant was not present. The...

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