John v. John

In an action for specific performance to compel the sale of the former marital residence, the defendant appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated March 21, 1989, which denied her motion for summary judgment.

Ordered that the order is affirmed, with costs.

Pursuant to a separation agreement entered into by the parties in 1974, the plaintiff executed a deed conveying his share of the marital premises to the defendant subject to the defendant assuming the mortgage. Upon the defendant’s remarriage, the house was to be sold and the proceeds evenly shared, with…