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FORMATO v. FORMATO

173 A.D.2d 274 (1991)

Pamela Formato, Respondent, v. Lee Formato, Appellant

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

May 14, 1991

As a general rule, pendente lite awards of exclusive use and occupancy of a marital residence should not be granted without a hearing, except upon persuasive evidence that such an award is necessary to protect the safety of persons and property. (Delli Venneri v Delli Venneri, 120 A.D.2d 238, 240 [1986].) As plaintiff's uncorroborated affidavit is challenged by defendant's submissions, a hearing is necessary to determine credibility...

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