Mahon v. Mahon

Appellate Division of the Supreme Court of New York

Mahon v. Mahon

122 A.D.2d 612, 505 N.Y.S.2d 17, 1986 N.Y. App. Div. LEXIS 59897

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

DecidedJuly 11, 1986

StatusPublished

This text of 122 A.D.2d 612 (Mahon v. Mahon) 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

Mahon v. Mahon, 122 A.D.2d 612, 505 N.Y.S.2d 17, 1986 N.Y. App. Div. LEXIS 59897 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: In order to compensate defendant husband to the same extent that he would be compensated upon a sale of the marital residence to a third party pursuant to the parties’ agreement, sale of the property to plaintiff wife is conditioned upon her obtaining a discharge of defendant’s liability on the mortgage. Further, since the property has apparently appreciated in value since the date of the last appraisals, a new appraisal should be obtained from an appraiser agreed upon by the parties. (Appeal from order of Supreme Court, Niagara County, Wolf, J. — compel compliance with divorce decree.) Present — Dillon, P. J., Callahan, Den-man, Green and Pine, JJ.

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— Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: In order to compensate defendant husband to the same extent that he would be compensated upon a sale of the marital residence to a third party pursuant to the parties’ agreement, sale of the property to plaintiff wife is conditioned upon her obtaining a discharge of defendant’s liability on the mortgage. Further, since the property has apparently appreciated in value since the date of the last appraisals, a new appraisal should be obtained from an appraiser agreed upon by the parties. (Appeal from order of Supreme Court, Niagara County, Wolf, J. — compel compliance with divorce decree.) Present — Dillon, P. J., Callahan, Den-man, Green and Pine, JJ.

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Bluebook (online)

122 A.D.2d 612, 505 N.Y.S.2d 17, 1986 N.Y. App. Div. LEXIS 59897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahon-v-mahon-nyappdiv-1986.