AGATI v. AGATI


92 A.D.2d 737 (1983)

Sam Agati, Appellant, v. Phyllis Agati, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 28, 1983


Order unanimously modified and, as modified, affirmed, with costs to petitioner, in accordance with the following memorandum: After failing to assert his rights for over 14 years, petitioner brought a motion to enforce that part of a 1967 divorce decree which required that respondent execute and deliver to him a deed to their former marital residence. Special Term erred in denying the motion on the grounds that petitioner waived his rights by his inaction and failure to seek...

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