Franzese v. Franzese

OPINION OF THE COURT

Morris Slifkin, J.

This is an action for divorce commenced by service of summons only, wherein the ancillary relief of declaration of marital property and equitable distribution thereof is demanded. No complaint has been served. Plaintiff now moves for an order restraining defendant from selling, transferring, or otherwise disposing of his real property and business, without the permission of the court, pending the trial of the action.

In support of this motion, plaintiff alleges that when the parties were married, neither “had much of anything”. Now, they have a home, a…