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DUBINSKY v. DUBINSKY

284 A.D.2d 494 (2001)

726 N.Y.S.2d 581

PERRY DUBINSKY, Respondent, v. ESTHER DUBINSKY, Appellant.

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

Decided June 25, 2001.

Ordered that the order is affirmed, with costs.

The provision in the parties' stipulation requiring the defendant to refinance the marital residence within six months of the stipulation was an express condition precedent to the plaintiff giving the defendant sole ownership of the marital residence (see, Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 N.Y.2d 685, 690-692). The defendant failed to meet this requirement...

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