Legal Opinion

Sojka v. Sojka

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1989PublishedCited by 2 opinions

1Opinion of the Court

—Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The trial court abused its discretion in directing the immediate sale of defendant’s home to provide a source for maintenance payments to plaintiff. Sequestration and sale of defendant’s home is a drastic remedy which should be directed only when it is absolutely necessary and appropriate (see, Matter of Brennan v Brennan, 109 AD2d 960, 961). Defendant’s failure to make his maintenance payments of $75 per week was caused by the closing of his place of employment. The record…

2Cases cited2 opinions

  1. Rose v. RoseAppellate Division of the Supreme Court of the State of New York · 1988
  2. Brennan v. BrennanAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by2 opinions

  1. Adinolfi v. AdinolfiAppellate Division of the Supreme Court of the State of New York · 1990
  2. Pilato v. PilatoAppellate Division of the Supreme Court of the State of New York · 1994

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