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KENDALL v. KENDALL

2009-02524

72 A.D.3d 647 (2010)

897 N.Y.S.2d 651

SHERWOOD KENDALL, Appellant, v. BEVERLY BROWN KENDALL, Respondent.

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

Decided April 6, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

While the plaintiff former husband would have been entitled to enforce strict compliance with the parties' stipulation of settlement by requiring that a marital investment property be placed on the open market for sale (see Kendall v Kendall, 44 A.D.3d 827 [2007]), the former husband waived that right by accepting the defendant former wife's late...

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