Minnus v. Minnus

• Decision Date: 05 June 1978
• Citation: 63 A.D.2d 966,405 N.Y.S.2d 504
• Parties: Ann MINNUS, Respondent, v. Herbert MINNUS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 504

405 N.Y.S.2d 504

63 A.D.2d 966

Ann MINNUS, Respondent, v.Herbert MINNUS, Appellant.

Supreme Court, Appellate Division,Second Department.

June 5, 1978.

Goldstein & Goldstein, Brooklyn (Gloria Goldstein, Brooklyn, of counsel), for appellant.

Leonard Siegel, Freeport (Edward R. Siegel, Freeport, of counsel), for respondent.

Before HOPKINS, J. P., and TITONE, GULOTTA and O'CONNOR, JJ.

MEMORANDUM BY THE COURT.

In a matrimonial action, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated December 27, 1977, as granted the plaintiff wife's cross motion for exclusive possession of the matrimonial residence and an order of protection directing defendant to cease and desist from physically abusing plaintiff.

Order affirmed insofar as appealed from, with $50 costs and disbursements.

Section 234 of the Domestic Relations Law authorizes the court to make orders concerning possession of the marital residence "as in the court's discretion justice requires having regard to the circumstances of the case and of the respective parties".Here, where the wife has uncontested legal title to the house, has made sworn factual allegations of prior incidents of violence and abuse, and has previously obtained a protective...