Opinion
February 1, 1994
Appeal from the Supreme Court, New York County (Lewis R. Friedman, J.).
The parties executed a prenuptual agreement which, until set aside, controls the matters at issue (cf., Oberstein v Oberstein, 93 A.D.2d 374, 376). The parties' dispute arises primarily over the asking price of the multimillion dollar marital residence, and in that regard, plaintiff has failed to demonstrate adequately defendant's noncompliance with those provisions of the parties' agreement requiring that the marital residence be sold.
There is nothing in the agreement, however, which would preclude an order directing defendant to comply with his obligation under paragraph 9 (b) of the agreement to pay one half of the joint marital expenses, and paragraph 10 (a) should not be so interpreted. As an owner by the entirety of the marital residence, defendant is obligated to pay his share of the mortgage and other carrying charges associated with the upkeep of the property and is directed to do so forthwith to the extent such expenses can be documented by plaintiff.
Concur — Sullivan, J.P., Ellerin, Kupferman, Rubin and Tom, JJ.