Prince v. Prince

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term erred in refusing to grant defendant’s motion seeking leave to amend the divorce decree to incorporate the terms of the separation agreement. The separation agreement clearly manifests the intent of both parties that its provisions would become part of the final judgment (see, Filippini v Filippini, 104 AD2d 787, 788).

Defendant, however, was not entitled to an order to compel plaintiff to list the former marital residence for sale. It is well established…