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HARRINGTON v. McMANUS

303 A.D.2d 368 (2003)

755 N.Y.S.2d 661

ELIZABETH HARRINGTON, Respondent, v. WILLIAM McMANUS, Appellant.

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

Decided March 3, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

It is well established that, prior to some alteration in the marital relationship, courts lack the authority, absent the consent of the parties, to direct the sale of a marital residence owned by the parties as tenants by the entirety (see Kahn v Kahn, 43 N.Y.2d 203, 209-210 [1977]; Kayden v Kayden,

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