Brian D. Perskin & Associates

Failing to Abide by Orders

People enter agreements all the time in divorce cases in New York. An agreement is what it sounds like. Both sides agree to all the terms. It is amazing when one of the parties refuse to abide by the agreement. What follows is extra legal fees and a dissipation of the asset. Recently, after a husband agreed to sell the marital house in Queens, he refused to sign the contract of sale. What did the wife do?

She applied to the Court to be a receiver of the property and sell the house anyway. All the husband did was prolong the process and cost his money. He then had the nerve to appeal, which he lost.Supreme Court, Appellate Division, Second Department, New York.

Flora TREZZA, respondent,

v.

Richard TREZZA, appellant.

Sept. 26, 2006

HOWARD MILLER, J.P., THOMAS A. ADAMS, PETER B. SKELOS, and JOSEPH COVELLO, JJ.