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LAMPASONA v. LAMPASONA

146 Misc.2d 739 (1990)

Peter Lampasona, Plaintiff, v. Phyllis Lampasona, Defendant.

Supreme Court, Dutchess County.

January 31, 1990

Attorney(s) appearing for the Case

Vincent J. Catalano, Jr., for defendant. Marshall S. Goldman, P. C., for plaintiff.

JAMES D. BENSON, J.

This motion by defendant for an order directing that the complaint in this action for partition be dismissed pursuant to CPLR 3211 (a) (1), (3), (4), (5), (7) is denied.

The issue presented in this motion is whether plaintiff is barred from bringing the instant action for partition because of an extant order granting temporary exclusive possession of the marital residence to defendant...

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