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IN THE MATTER OF TREZZA

5152, 5152A, 0065/09.

84 A.D.3d 635 (2011)

923 N.Y.S.2d 108

In the Matter of JOY TREZZA, Deceased. FRANCINE K. Ho-ROWITZ, Appellant; JEFFREY OBERMAN, Respondent.

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

Decided May 24, 2011.

The court did not abuse its discretion in ordering objectant to pay only the maintenance, insurance, utilities and upkeep of the apartment as long as he resides there and in rejecting petitioner's request that objectant be ordered to pay market rent for his occupancy. As pointed out by Surrogate's Court, future proceedings may result in objectant having sole ownership of the apartment (compare Johnson v Depew,

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