Kaplan v. Kaplan

In a matrimonial action, defendant appeals from so much of a judgment of the Supreme Court, Suffolk County (McCarthy, J.), dated January 22, 1981, as, upon dismissing the complaint, directed the sale of the marital premises. Judgment reversed, insofar as appealed from, on the law, without costs or disbursements, and the direction that the premises be sold is deleted from the judgment (see Kahn v Kahn, 43 NY2d 203). Damiani, J. P., Lazer, Mangano and Gulotta, JJ., concur.