Kaye v. Kaye

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from that part of an order of the Supreme Court (Nastasi, J.), entered October 18, 1991 in Westchester County, which denied defendant’s cross motion for an order compelling the sale of the marital residence.

By the terms of an open court stipulation of settlement, entered into by the parties during their pending divorce action and incorporated but not merged into a judgment of divorce dated October 12, 1984, plaintiff acquired physical custody of the parties’ two children, and was to retain exclusive…