MALYSZKO v. MALYSZKO


149 Misc.2d 6 (1990)

Maria Malyszko, Plaintiff, v. Chester Malyszko, Defendant.

Supreme Court, Queens County.

November 14, 1990


Attorney(s) appearing for the Case

Thomas T. Hecht for defendant. Jacoby & Meyers (Conrad J. Strabone of counsel), for plaintiff.


ANGELO GRACI, J.

If a wife in her divorce judgment of 1981 has been awarded exclusive possession of the two-family marital residence until the emancipation of the infant children of the marriage, and the husband now alleges a substantial change of circumstances rendering him homeless and requests permission to occupy the upstairs apartment of said marital residence, can the court modify the possession award, or like a distributive award, is such a determination...

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