Dolan v. Ross

Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: The parties were divorced in 1977. The judgment of divorce incorporated, without merger, the terms of a 1976 separation agreement which awarded defendant exclusive use and possession of the marital residence until she remarried. At that time, the house was to be sold, and the proceeds equally divided. Plaintiff gave defendant a quitclaim deed to the property in 1978. The following year he filed a bankruptcy petition, and a few months thereafter, defendant remarried. Plaintiff, upon learning…