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Matrimonial/Family Law  •  Personal Injury  •  Medical Malpractice

Michael F. LoFrumento's Publications

The Evolving Exclusive Use and Occupancy Standard

The Sulfolk Lawyer

THE SUFFOLK LAWYER – DECEMBER 2017

www.scba.org

 

DRL §234 empowers courts to grant one spouse temporary exclusive use and occupancy of the marital residence during the pendency of divorce proceedings. However, as Monroe County Supreme Court Justice Richard A. Dollinger recently emphasized in L.M.L. v. H.T.N., 17/7645, NYLJ 1202800811034, the statute provides little to no guidance regarding precisely when to exercise that power. In his groundbreaking decision, Justice Dollinger held that DRL §234 should be invoked sooner rather than later in the best interests of innocent children who would otherwise have to suffer through their parents’disrespectful treatment of one another. >READ MORE

 

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