EGAN v. SWEENEY


50 Misc.2d 345 (1966)

John E. Egan, Sr., Plaintiff, v. Flora M. Sweeney et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

May 3, 1966


Attorney(s) appearing for the Case

Joseph J. Einhorn for plaintiff. Sheehy & Friedler (Benjamin Friedler of counsel), for Flora M. Sweeney and another, defendants. John C. Wiener for Joseph J. Einhorn, defendant, and Joseph J. Einhorn, defendant in person.


THOMAS A. AURELIO, J.

This controversy was submitted to the court for decision upon an agreed statement of facts, the essentials of which are as follows:

The plaintiff and defendant, Flora Mae Sweeney, were married in 1925. On June 25, 1926 they acquired title, as tenants by the entirety, to a one-family residence. In 1944 the parties were separated and an agreement executed by them provided, in part, as follows: "The parties hereto now being...

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