COHEN v. COHEN


25 A.D.3d 363 (2006)

808 N.Y.S.2d 42

NEIL COHEN, Appellant, v. TRUDY BEERS COHEN, Respondent.

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

January 5, 2006.


The parties' separation agreement provides that "[a] residence at . . . college . . . is not to be deemed a residence away from the residence of the wife [i.e., defendant] sufficient to constitute emancipation." While the daughter's affidavit submitted in support of plaintiff's motion may raise an issue of fact as to her present desire and intention to establish a permanent residence away from either parent, any such desire and intention is a far cry from actually having...

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