Decided June 7, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN P. BALIO, J.
Sidney L. Manes, for appellant.
William F. Maginn, Jr., for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), the order of the Appellate Division should be affirmed, with costs.
The weight of the evidence more nearly comports with the Appellate Division's factual finding that petitioner did not waive his right to a deed to the former marital residence. Furthermore, we agree with the Appellate Division that the unclean hands doctrine does not bar petitioner's application to enforce the real estate transfer provisions of the divorce judgment (see Weiss v Mayflower Doughnut Corp., 1 N.Y.2d 310, 316).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.