New York Supreme Court May 11, 1981 (Vitkun v. Vitkun)

OPINION OF THE COURT

Oscar Murov, J.

This appears to be a case of first impression under New York’s Equitable Distribution Law (L 1980, ch 281). At issue is whether in a matrimonial action, the court may award exclusive possession of the marital residence where said marital residence was acquired by the other spouse prior to the marriage sought to be dissolved and title is in his name alone.