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DESAUTELS v. DESAUTELS

509035.

80 A.D.3d 926 (2011)

915 N.Y.S.2d 337

LILLIAN T. DESAUTELS, Appellant-Respondent, v. ROBERT A. DESAUTELS, Respondent-Appellant.

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

Decided January 13, 2011.

SPAIN, J.

Plaintiff and defendant were married in 1968 and are the parents of two grown children (born in 1968 and 1969). The parties signed a separation agreement in 1988 which was incorporated into, but not merged with, a judgment of divorce in 1990. At the time of their divorce, the parties continued to own the marital residence, located in the City of Saratoga Springs, Saratoga County. The separation agreement indicates that plaintiff "shall have exclusive possession...

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