Cusimano v. Cusimano

In a matrimonial action in which the parties were divorced by a judgment dated September 2, 1987, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Yachnin, J.), dated May 4, 1990, which denied her motion for a declaration that the defendant had waived his interest in the former marital residence by virtue of his having failed to pay a distributive award of $37,300.

Ordered that the order is affirmed, with costs.

Pursuant to a judgment of divorce dated September 2, 1987, *708the plaintiff was awarded sole title to the former marital residence and the defendant was…