Malley v. Malley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Cross appeals from an order of the Supreme Court (O’Shea, J.), entered June 18, 2007 in Chemung County, which, among other things, denied plaintiffs motion to compel the sale of the parties’ marital residence.
The parties entered into an opting-out agreement which was incorporated into their 2006 judgment of divorce. The agreement required plaintiff to place approximately $75,000 in escrow to be used to pay down the outstanding mortgage on the marital residence prior to refinancing or a sale. Defendant was to attempt, in good faith, to refinance the mortgage in her name alone by a certain…
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