DUTTON v. DUTTON


272 A.D.2d 813 (2000)

707 N.Y.S.2d 557

JAMES L. DUTTON, Respondent, v. DOROTHY A. DUTTON, Appellant.

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

Decided May 25, 2000.


Spain, J.

The parties' judgment of divorce incorporated but did not merge a stipulation which included a provision requiring the sale of certain real property and providing for the disposition of the proceeds. In particular, the stipulation provided that, after the payment of any liens, brokerage commissions and closing costs, "[t]he entire balance of the sales price then remaining, including any down payment or escrowed funds, shall go to [defendant], primarily for...

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