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MASCIANDARO v. MASCIANDARO

168 A.D.2d 544 (1990)

Concetta Masciandaro, Appellant, v. Alfonzo Masciandaro, Respondent

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

December 17, 1990

Ordered that the order, as amended, is affirmed, with costs.

Contrary to the plaintiff's contention, we find that the defendant's request to modify the parties' judgment of divorce to vacate the provision which granted the plaintiff and the parties' children exclusive occupancy of the marital residence was properly granted for reasons stated by Justice Kitson (see, Sherman v Sherman, 168 A.D.2d 550 [decided herewith...

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