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.
On
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 CPLR 5240, 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, Guardian Loan Co. v Early, 47 NY2d 515, 519; cf., Kolortron Sys. v Casey, 118 AD2d 687, 688). 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.