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The determination to award exclusive occupancy of realty, even where the criminal court cannot liquidate and divide the asset (see, Kahn v. Kahn, 43 N.Y.2d 203, 401 N.Y.S.2d 47, 371 N.E.2d 809; Brady v. Brady, supra ), remains dependent upon the circumstances of each case (see, Domestic Relations Law § 234). It is nonetheless evident that the tension often occurring when spouses remain in the same household while divorce litigation is pending and with which the dissent is concerned is no less likely to arise where the parties have not resided together for a considerable length of time and one of them, although desirous of legally ending the marriage, was unsuccessful in doing so. As our dissenting colleague notes, domestic strife did not necessitate the original departure of

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the plaintiff, who unsuccessfully sought to legally dissolve the marriage and for whom return to the marital residence was obviously not prompted by financial need. After considering the plaintiff’s voluntary establishment of evidently satisfactory alternative living arrangements, the length of his absence from the residence and the potential for unnecessary strife his return could occasion (cf., Del Gatto v. Del Gatto, supra; Judell v. Judell, supra ), we substitute our discretion for that of Supreme Court and determine on the plaintiff’s motion that, as between the parties, the defendant is entitled to exclusive use and occupancy of the marital premises.

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