DeLiso v. DeLiso

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before LATHAM
• Citation: DeLiso v. DeLiso, 410 N.Y.S.2d 336, 65 A.D.2d 778 (N.Y. App. Div. 1978)
• Decision Date: 20 November 1978
• Parties: Rosalie DeLISO, Respondent, v. Pietro DeLISO, Appellant.

Page 336

410 N.Y.S.2d 336

65 A.D.2d 778

Rosalie DeLISO, Respondent, v. Pietro DeLISO, Appellant.

Supreme Court, Appellate Division, Second Department.

Nov. 20, 1978.

Before LATHAM, J. P., and DAMIANI, TITONE and SUOZZI, JJ.

MEMORANDUM BY THE COURT.

Motion by appellant, Inter alia, for reargument of an appeal from an order of the Supreme Court, Queens County (DURANTE, J.), entered May 20, 1977, which was affirmed by order of this court dated September 25, 1978.

Motion denied.

On the court's own motion, the order and decision of this court, both dated September 25, 1978 (2195 E), are vacated and recalled, and the following substituted decision is rendered:

In an action in which a judgment of the Supreme Court, Queens County, was entered on November 20, 1975, granting plaintiff a divorce and awarding her exclusive possession of the "marital abode", defendant appeals from an order of the same court, entered May 20, 1977 (DURANTE, J.), which denied his motion to modify the judgment to require partition of the house (the parties had resided in a six-room apartment therein, one of three apartments in the house).

Order reversed, on the law, without costs or disbursements, motion granted to the extent of directing that the property be partitioned and sold, and action remitted to Special Term for reconsideration of the amount of alimony and other equities, if any, existing between the parties, and for further proceedings not...