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Brzozowski v. Brzozowski
159 N.Y.S. 1103
| N.Y. App. Div. | 1916
|
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The judgment is reversed and a new trial is granted, costs to abide the final award of costs. The proof shows that the appellant was entitled to a mortgage to the extent of $362.30. Moreover, there is no proof that-the defendants Felix J. Brzozowski and his wife, Annie Brzozowski, were served or appeared and, therefore, any sale of the premises might not afford a good title. Upon the new trial the court should determine whether a judgment in an action brought by the plaintiff could affect the said Annie Brzozowski, who was a tenant in the entirety. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

Case Details

Case Name: Brzozowski v. Brzozowski
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 15, 1916
Citation: 159 N.Y.S. 1103
Court Abbreviation: N.Y. App. Div.
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