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GALLANT v. GALLANT

197 A.D.2d 422 (1993)

602 N.Y.S.2d 599

Alan Gallant, Appellant, v. Joan Gallant, Respondent

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

October 14, 1993

The IAS Court properly ordered a hearing because the question as to whether the defendant mother still resides in the Manhattan apartment is a "sharply controverted" issue of fact that could not have been resolved on the papers (Belle v Chromalloy Am. Corp., 51 A.D.2d 933). Should it be determined that defendant and the children have effectively abandoned the residence for its intended...

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