SHIELDS v. SHIELDS


178 A.D.2d 923 (1991)

Laura H. Shields, Respondent, v. Paul D. Shields, Appellant

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

December 26, 1991


Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Defendant contends that the court erred in granting plaintiff temporary sole occupancy of the marital residence before conducting a hearing on the issue. We agree. Where, as here, the parties submit conflicting affidavits and there are no corroborating statements of witnesses nor other form of independent confirmation...

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