Kenneth S. Guttenplan v. Barbara Guttenplan (2010)

ORDER RE PLAINTIFF'S MOTION FOR ORDER (# 136.00), POSTJUDGMENT

The marriage of the parties was dissolved by decree of this court on October 2, 2009, at which time the court issued a Memorandum of Decision.   In relevant part, the decree called for the listing and sale of the jointly-owned family home at 28 Beechwood Court, Glen Cove, New York. The property was subsequently listed for sale pursuant thereto, but it has remained unsold.   The court reserved jurisdiction to implement its order, in particular with regard to the listing and sale of said property.   The parties did agree to an initial reduction in the listing price, and through her counsel, the wife has indicated a willingness to reduce the current listing price further, but not to the figure that the husband seeks.   The plaintiff husband has asked the court to enter appropriate orders.

The court heard testimony from two witnesses called by the husband, regarding the current market value of the property and the suggested listing price respectively.   The testimony was persuasive, and the court finds that it is appropriate to reduce the current listing price.

ACCORDINGLY, the court having considered the evidence, IT IS HEREBY ORDERED THAT no later than October 1, 2010, the parties shall sign a new listing agreement for the sale of the jointly-owned real estate at 28 Beechwood Court, Glen Cove, New York, for a listing price of $849,500.00, and, unless the parties shall otherwise agree to a longer or shorter period, said listing shall be for a period of six (6) months.   In the absence of an agreement of the parties, further reductions in the listing price shall be by order of the court.   All other provisions of the Memorandum of Decision shall remain in full force and effect.

THE COURT

SHAY, J.

Shay, Michael E., J.