Dutton v. Dutton

Appeal from an order of the Supreme Court (Mugglin, J.), entered January 28, 1999 in Otsego County, which denied defendant’s application pursuant to Domestic Relations Law § 245 and Judiciary Law § 756 to hold plaintiff in contempt for failing to comply with the terms of the judgment of divorce.

The parties’ judgment of divorce incorporated but did not merge a stipulation which included a provision requiring the sale of certain real property and providing for the disposition of the proceeds. In particular, the stipulation provided that, after the payment of any liens, brokerage commissions and…