Sferrazza v. Bergdorf Goodman, Inc.

OPINION OF THE COURT

Florio, J.

On this appeal and cross appeal we are called upon to determine whether a provision in a pendente lite order entered in a matrimonial action, which directed the husband to pay the wife a specified sum for the mortgage and carrying charges on the marital residence, is enforceable against an income payor by way of an income execution pursuant to CPLR 5241.

Maria Sferrazza, the petitioner herein (hereinafter the petitioner), commenced a divorce action in 1990. Thereafter, by order dated November 9, 1990, she obtained pendente lite relief in that action which directed…