Brzozowski v. Brzozowski

Appellate Division of the Supreme Court of New York

Brzozowski v. Brzozowski

174 A.D. 894, 159 N.Y.S. 1103

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1916

StatusPublished

This text of 174 A.D. 894 (Brzozowski v. Brzozowski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brzozowski v. Brzozowski, 174 A.D. 894, 159 N.Y.S. 1103 (N.Y. Ct. App. 1916).

Pincite

Opinion

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.

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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.

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Bluebook (online)

174 A.D. 894, 159 N.Y.S. 1103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brzozowski-v-brzozowski-nyappdiv-1916.