DOLAN v. ROSS


172 A.D.2d 1013 (1991)

James E. Dolan, Respondent, v. Susan D. Ross, Formerly Known as Susan D. Dolan, Appellant

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

April 26, 1991


Order unanimously reversed on the law with costs, motion granted and complaint dismissed.

Memorandum:

The parties were divorced in 1977. The judgment of divorce incorporated, without merger, the terms of a 1976 separation agreement which awarded defendant exclusive use and possession of the marital residence until she remarried. At that time, the house was to be sold, and the proceeds equally divided. Plaintiff gave defendant a quitclaim deed to the property...

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