Greenberger v. Greenberger

— Kane, J. P.

Appeal from an order of the Supreme Court (Travers, J.), entered September 7, 1988 in Rensselaer County, which granted defendant’s motion to compel the sale of the parties’ marital residence.

In 1980 the parties were granted a judgment of divorce. The judgment provided, inter alia, that plaintiff was to retain exclusive use and occupancy of the parties’ marital residence until such time as she remarried. It was also provided that upon the sale of the residence the proceeds thereof were to be divided equally between plaintiff and defendant. In 1984 plaintiff remarried and the…