Kantrowitz & Goldhamer, P. C., Respondent, v. Frank DePasquale, Defendant. (Action No. 2.)
Ordered that the order is reversed, with costs, and the
motion, in effect, to vacate the sheriff's sale of Frank DePasquale's
interest in the subject property is granted.
In 1988, Frank DePasquale and Patricia DePasquale were divorced. Pursuant to the judgment of divorce, Frank DePasquale and Patricia DePasquale became tenants in common of the marital residence in which Patricia DePasquale resided. The judgment further provided that the residence should be sold and the funds equally distributed.
In 1996, after efforts to satisfy their judgment were unsuccessful, the matrimonial attorneys executed the judgment and a sheriff's sale was scheduled. On the eve of the sale, Patricia DePasquale obtained a buyer for the former marital residence but the sale was completed before she was able to obtain a stay and her motion, in effect, to vacate the sale was denied.
Pursuant to , the court has broad discretionary power to regulate the enforcement of a money judgment to prevent unreasonable annoyance, expense, embarrassment, [462/63] disadvantage, or other prejudice to any person or the courts (see, Here, Patricia DePasquale has been clearly disadvantaged and otherwise prejudiced by the sheriff's sale, and, in our view, the court improvidently exercised its discretion in denying the motion, in effect, to vacate the sale of Frank DePasquale's interest in the subject real property.
Ritter, J. P., Friedmann, Krausman and McGinity, JJ., concur.