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ALLARD v. ALLARD

522896.

145 A.D.3d 1254 (2016)

2016 NY Slip Op 08288

43 N.Y.S.3d 580

ELIZABETH ALLARD, Now Known as ELIZABETH SHEFFER, Respondent, v. ROBERT THOMAS ALLARD, Appellant.

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

Decided December 8, 2016.

In 1989, the parties entered into a separation agreement that was incorporated, but not merged, into a subsequent judgment of divorce. Pursuant to the separation agreement, which provides that plaintiff was "entitled to sole and exclusive possession, use and ownership of the marital residence...

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