Sedgh v. Sedgh – Case Brief Summary (New York)

In Sedgh v. Sedgh (142 Misc 2d 931, 931, 539 NYS2d 255 [Sup Ct, Nassau County 1989]), the Supreme Court (Winnick, J.), denied the defendant's motion for an order, pendente lite, "directing sale of the marital premises which was the subject of two mortgage foreclosure actions, title to which was held by the parties as tenants by the entirety."

In so doing, the court drew a distinction between imposing restraints on property, which is specifically authorized by the Domestic Relations Law, and compulsory sale, which is not.