It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.
Memorandum:
The parties entered into a separation agreement in 1989 and were divorced in 1995. By the terms of the separation agreement, incorporated but not merged into the judgment of divorce, defendant retained the right to occupy the marital residence, owned by the parties during the marriage as tenants...
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