ALBERT v. SCHOENLEIN


229 A.D.2d 813 (1996)

645 N.Y.S.2d 907

George J. Albert, Respondent, v. Frances V. Schoenlein, Formerly Known as Frances V. Albert, Appellant

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

July 25, 1996


Yesawich Jr., J.

In its 1984 decision granting the parties a divorce, Supreme Court stated that their marital property "has heretofore been divided to the satisfaction of the parties"; the judgment itself, however, contained no reference to any distribution of property. In 1990, plaintiff commenced an action for partition of the former marital residence, in which defendant had apparently continued to reside for several years after the divorce.

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