Mayer v. Mayer

OPINION OF THE COURT

David B. Saxe, J.

The application now before me, made orally on the record and followed up with letter briefs by both sides, concerns the proper disposition of escrowed funds upon the death of a party to a divorce action.

*321It is hornbook law that a divorce action abates if one of the parties thereto dies prior to dissolution of the marriage (see, Kenzer v Kenzer, 144 AD2d 439 [2d Dept 1988]). Consequently, former counsel for Mr. Mayer contend that Mrs. Mayer is not entitled, after Mr. Mayer’s death, to any order directing payment over to her of escrowed funds in payment of…