KELLY v. KELLY

2017-01617. Index No. 2186/07.

165 A.D.3d 771 (2018)

85 N.Y.S.3d 191

2018 NY Slip Op 06726

Michael Kelly, Appellant, v. Debra Kelly, Respondent.

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

Decided October 10, 2018.


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

Contrary to the plaintiff's contention, the defendant's delay in seeking to enforce her rights under the provisions of the parties' judgment of divorce pertaining to the disposition of the marital residence did not constitute a waiver. "Although a spouse may waive his or her rights under a judgment of divorce, [a] waiver must be an intentional relinquishment of a known legal right and will not...

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