CODD v. CODD


270 A.D.2d 880 (2000)

704 N.Y.S.2d 435

MARILYN E. CODD, Respondent, v. TIMOTHY P. CODD, Appellant.

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

Decided March 29, 2000.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in determining that, upon the sale of the parties' marital residence, plaintiff is entitled to a credit for her payment of the carrying charges. Plaintiff was awarded sole occupancy of the marital residence until the children were emancipated, when the proceeds would be divided equally. Absent any provision in the parties' judgment...

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