COON v. COON


29 A.D.3d 1106 (2006)

814 N.Y.S.2d 781

KIMBERLY A. COON, Respondent, v. RICHARD W. COON, Appellant.

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

May 11, 2006.


Spain, J.

This is the second action for divorce between the parties, who were married in 1985 and have five children. In 2004, defendant commenced a divorce action (hereinafter the first action). While the first action was pending, plaintiff resided in the former marital residence and was awarded temporary custody of the children. Defendant resided in a single bedroom apartment, too small to accommodate the children. During that time period, Supreme Court issued a...

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