Danielson v. Danielson

Appellate Division of the Supreme Court of New York

Danielson v. Danielson

140 A.D.2d 407, 528 N.Y.S.2d 341, 1988 N.Y. App. Div. LEXIS 4928

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 1988

StatusPublished

This text of 140 A.D.2d 407 (Danielson v. Danielson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Danielson v. Danielson, 140 A.D.2d 407, 528 N.Y.S.2d 341, 1988 N.Y. App. Div. LEXIS 4928 (N.Y. Ct. App. 1988).

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Opinion

[408]*408Contrary to the defendant’s position, the Supreme Court was without jurisdiction to direct the specific performance of a contract of sale between the parties with regard to the marital residence, which contract was executed subsequent to the parties’ judgment of divorce. In order to seek enforcement of that contract, the defendant must institute a separate action for specific performance against the plaintiff. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

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[408]*408Contrary to the defendant’s position, the Supreme Court was without jurisdiction to direct the specific performance of a contract of sale between the parties with regard to the marital residence, which contract was executed subsequent to the parties’ judgment of divorce. In order to seek enforcement of that contract, the defendant must institute a separate action for specific performance against the plaintiff. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

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Bluebook (online)

140 A.D.2d 407, 528 N.Y.S.2d 341, 1988 N.Y. App. Div. LEXIS 4928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danielson-v-danielson-nyappdiv-1988.