Jerry Sherman v. Yvette Sherman

DECISION & ORDER The defendant married the plaintiff on August 12, 1956. Three children were born of the marriage. The
parties owned, as tenants by the entirety, the premises known as 25 Forest Avenue, Staten Island, New York. On September 25,
1979, the couple entered into a stipulation of settlement in connection with the action for divorce. The stipulation, which
was entered into in open court, provided, inter alia, that the defendant have exclusive use and occupancy of the residential
portion of the marital premises. It also directed that the plaintiff pay the wife $350 per week for "her support and the support
of the infant children". No mention was made of any reduction of that sum upon the emancipation of the children. The stipulation
was incorporated in, but not merged with, the judgment of divorce. In 1987 the plaintiff moved to modify the judgment of divorce and reform the stipulation of settlement which survived the
judgment of divorce, and for an award of counsel fees. In the order appealed from, the motion was denied. We now modify by
granting that branch of the motion which was to terminate the defendant's exclusive possession of the residential portions
of the former marital residence.