Opinion
2017–06915 Index No. 41558/07
07-10-2019
Leon BREWSTER, Appellant, v. Shelly B. ANTHONY–BREWSTER, Respondent.
Harriette N. Boxer, Brooklyn, NY, for appellant. Goldberg, Scudieri & Lindenberg, P.C., New York, N.Y. (Ivy B. Alexander of counsel), for respondent.
Harriette N. Boxer, Brooklyn, NY, for appellant.
Goldberg, Scudieri & Lindenberg, P.C., New York, N.Y. (Ivy B. Alexander of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ORDERED that the order is affirmed insofar as appealed from, with costs.
In this matrimonial action, the parties entered into a settlement agreement dated December 23, 2008, which, among other things, directed that certain real property located in Brooklyn (hereinafter the property) be sold and the net proceeds split equally between the parties. The settlement agreement was incorporated, but not merged, into a judgment of divorce dated February 27, 2009, and amended on February 4, 2016. On February 23, 2017, the defendant moved, inter alia, to enforce the settlement agreement so as to require that the property be sold. The Supreme Court, inter alia, granted that branch of the defendant's motion.
We agree with the Supreme Court's determination to grant that branch of the defendant's motion, since, contrary to the plaintiff's contention, the motion is not subject to the statute of limitations applicable to breach of contract actions (see Denaro v. Denaro , 84 A.D.3d 1148, 924 N.Y.S.2d 453 ; Bayen v. Bayen , 81 A.D.3d 865, 917 N.Y.S.2d 269 ; Fragin v. Fragin , 80 A.D.3d 725, 916 N.Y.S.2d 783 ).
MASTRO, J.P., BALKIN, DUFFY and CONNOLLY, JJ., concur.