DUDYAK v. DUDYAK


21 A.D.2d 53 (1964)

Susanna Dudyak, Respondent, v. Michael Dudyak, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 6, 1964.


Attorney(s) appearing for the Case

Schwartz, Kobb, Freilich & Scheinert (Robert H. Freilich of counsel), for appellant.

Selman & Frey (Frederick H. Frey of counsel), for respondent.

UGHETTA, Acting P. J., BRENNAN, HILL and HOPKINS, JJ., concur.


KLEINFELD, J.

This case presents a question that appears to be one of first impression in this State. The question is whether an unadjudicated incompetent person can rescind a deed she gave while incompetent.

This is an action by a wife against her husband to rescind a deed conveying to the husband the wife's interest in a house owned by them as tenants by the entirety; the deed was given on May 27, 1961...

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