Example of a New York CPLR 5240 Motion

In Tarrytown and North Tarrytown Savings and Loan Assoc. v. DePasquale and Kantrowitz and Goldhamer P.C. v. DePasquale, 249 A.D.2d 462, 671 N.Y.S.2d 680), a law firm that had obtained a money judgment for legal services rendered to the husband in a matrimonial action had sought to execute its judgment by means of a sheriff's sale of its former client's interest in the premises that had been the marital residence. The Appellate Division, Second Department held that the trial court should have, in the use of its broad, discretionary powers, granted the wife's post-judgment motion for an order pursuant to CPLR 5240, staying the sheriff's sale, to afford her the opportunity to sell the former marital residence to a buyer she had obtained prior to the sheriff's sale.