Greenspan v. Greenspan

1 Citing case

  1. Cordova v. Cordova

    63 A.D.3d 982 (N.Y. App. Div. 2009)   Cited 3 times

    Nevertheless, the issues raised on her appeal from that order are brought up for review and have been considered on the appeal from the judgment entered July 15, 2008 ( see CPLR 5501 [a] [1]). Inasmuch as the former husband acknowledged that he knew when he signed the stipulation that material recitals were inaccurate and that he therefore had no intention of complying with his obligations under it, the Supreme Court properly, in effect, granted those branches of the former wife's motion which were to hold him in contempt and, in effect, for leave to enter a money judgment against him, and the Supreme Court properly entered judgment against him in the principal sum of $144,679, the amount he had agreed to pay her for her share of the equity in the property ( cf. Greenspan v Greenspan, 56 AD3d 524, 524-525). A hearing was unnecessary since the former husband's own sworn statements demonstrated his willful failure to comply with the provision of the stipulation requiring him to refinance the property and pay the former wife her share of the equity in it ( see Muller v Muller, 233 AD2d 486, 487).