Beatrice H. Bock v. Richard M. Bock

DECISION & ORDER The husband sought to enforce certain provisions of a stipulation of settlement that were incorporated into but not merged in the divorce judgment. He wanted to compel the sale of the former marital residence as provided in the stipulation. This relief was granted and the court appointed a receiver to act on the wife's behalf in connection with the sale. On appeal, the husband contends that the court erred in providing that the cost of the receiver be borne equally by the parties. He argues that the receiver represents only the wife's distinct interest in the property and that the stipulation of settlement provides that the noncooperating party bear the cost incurred in enforcing the stipulation. In addition, he contends that the court erred in providing that the proceeds of the sale be deposited with the clerk of the court in the absence of any counterclaim by the wife. The stipulation of settlement explicitly provides that ""each of the parties does hereby agree that he or she will forever save and hold harmless and indemnify the other on account of any claim or cost which may be asserted or incurred * * * for any act or omission in violation of this Stipulation"". The appointment of a receiver was necessary because the wife did not cooperate in effectuating the sale of the former marital residence as required by the stipulation. Therefore, the expense of the receiver was incurred as a result of an act or omission by the wife in violation of the stipulation and the cost of the receiver must be borne by the wife from her share of the proceeds of the sale (see, Choy v Choy, 137 A.D.2d 784; see also, Breed, Abbott & Morgan v Hulko, 139 A.D.2d 71, affd 74 N.Y.2d 686).