Cusimano v. Cusimano
Opinion of the Court
In a matrimonial action in which the parties were divorced by a judgment dated September 2, 1987, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Yachnin, J.), dated May 4, 1990, which denied her motion for a declaration that the defendant had waived his interest in the former marital residence by virtue of his having failed to pay a distributive award of $37,300.
Ordered that the order is affirmed, with costs.
Pursuant to a judgment of divorce dated September 2, 1987,
Contrary to the plaintiff’s argument, the Supreme Court properly denied her motion. Domestic Relations Law § 236 (B) (9) (a) provides in part that "[a]ll orders or judgments entered in matrimonial actions shall be enforceable * * * in any other manner provided by law”. By this language, the Legislature has brought together the separate enforcement provisions of the Domestic Relations Law and the CPLR — i.e., Domestic Relations Law § 243 (security and sequestration), §§ 244 and 244-a (money judgments for arrears) and § 245 (contempt) — as well as CPLR articles 50, 51 and 52 — e.g., CPLR 5018 and 5203 pertaining to the docketing of money judgments — with the view that they would be available to enforce awards in equitable distribution actions (see, 3 Foster, Freed and Brandes, Law and the Family New York, at 497, 507 [2d ed]; Scheinkman, Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 14, Domestic Relations Law C236B:47, 1992 Pocket Part, at 75). In light of the various enforcement mechanisms available to the plaintiff (see, e.g., Reingold v Reingold, 160 AD2d 924; Sherman v Sherman, 138 AD2d 364; Cavaretta v Cavaretta, 127 AD2d 1002), the court properly declined to grant her the relief requested (cf., Buxbaum v Buxbaum, 149 AD2d 646). Bracken, J. P., Harwood, Balletta and Copertino, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.