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NUNES v. DURANTE

181 A.D.2d 520 (1992)

Sao Nunes, Also Known as Maria Durante, Appellant, v. Donald W. P. Durante, Respondent

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

March 17, 1992

Ordinarily, where there are conflicting allegations by the parties, a hearing is required before exclusive occupancy pendente lite is directed (see, Formato v Formato, 173 A.D.2d 274; Preston v Preston, 147 A.D.2d 464). We find that there was no reason to depart from that general rule in the instant case. Accordingly, the matter is remanded...

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