Appellate Division of the Supreme Court of the State of New York July 14, 2011 (Kedik v. Kedik)

Garry, J.

During the pendency of this matrimonial action, plaintiff and defendant sold their marital residence. Plaintiff and defendant agreed with plaintiffs parents to escrow the sale proceeds in light of looming litigation regarding a mortgage on the home held by the parents. The parents thereafter commenced an action to recover on the mortgage against both parties.