Mahon
v.
Mahon

Appellate Division of the Supreme Court of New York, Fourth DepartmentJul 11, 1986
122 A.D.2d 612 (N.Y. App. Div. 1986)

July 11, 1986

Appeal from the Supreme Court, Niagara County, Wolf, J.

Present — Dillon, P.J., Callahan, Denman, Green and Pine, JJ.


Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: In order to compensate defendant husband to the same extent that he would be compensated upon a sale of the marital residence to a third party pursuant to the parties' agreement, sale of the property to plaintiff wife is conditioned upon her obtaining a discharge of defendant's liability on the mortgage. Further, since the property has apparently appreciated in value since the date of the last appraisals, a new appraisal should be obtained from an appraiser agreed upon by the parties.