COLONEY v. COLONEY

509637.

80 A.D.3d 840 (2011)

914 N.Y.S.2d 376

ELIZABETH ANN COLONEY, Appellant, v. WILLIAM G. COLONEY, JR., Respondent.

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

Decided January 6, 2011.


EGAN JR., J.

Plaintiff and defendant were married in June 1972. In 1989, the parties entered into a written separation agreement which, as relevant here, provided that defendant was to have sole possession of the former marital residence. More specifically, it provided that during his occupancy, defendant was to assume the obligation to pay the mortgage, taxes, insurance, utilities and expenses for repairs, and that, upon a sale of the house, the parties were to split...

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