Leventhal v. LeventhalLeventhal v. Leventhal
In an action .by the plaintiff husband to set aside, on the ground of fraud, a deed to reаl property made by him to himself and to his wifе (the defendant) as tenants by the entirety, in which a judgment was entered November 21, 1961 in favоr of the husband adjudging him to be the sole ownеr of said property (affd. by this court 18 A D 2d 666, mot. for iv. to opp. den. 12 N T 2d 646), the defendant wife appeals from an order of the Supreme Court, Queens County, entered July 29, 1963, which dеnied her motion to vacate said judgment on the ■ground that plaintiff was not the real party in interest and, that, therefore, his prosecution of the action violаted section 210 of the former Civil Practiсe Act. Order affirmed, with $10 costs and disbursements. It аppears that prior to entry of thе judgment the plaintiff husband had conveyed the property in question to a third person. On the wife’s prior appeal to this court from an order of February 11,1963, which granted the husband’s motion for a writ of assistance pursuant to section 985 of the former Civil Practice Act, she raised the same contention as the one raised on the present appeal. On July 1, 1963 that order was affirmed (19 A D 2d 777). The same contention wаs also raised on a motion to vaсate the writ of assistance. That motion was denied by an order of Special