Gordon v. Gordon

OPINION OF THE COURT

David B. Saxe, J.

The plaintiff husband in this matrimonial action now moves for an order directing that the marital residence, a cooperative apartment on Park Avenue, be immediately offered for sale. He contends that otherwise a waste of marital assets will ensue since (1) the defendant moved out as of April 12, 1989 and since the co-op board does not permit subletting, the plaintiff is obliged to continue making maintenance payments *28of $1,960 per month on an empty apartment, (2) as a result of its remaining empty, the apartment’s physical condition may deteriorate, and…