As so modified, order and judgment affirmed, with $50 costs and disbursements to defendant-respondent.
On March 6, 1960 respondent and one Dennis Fitzsimmons were married and, in October, 1965, they purchased the subject premises as tenants by the entirety (see EPTL 6-2.2, subd [b]). On or about September 16, 1971, Dennis Fitzsimmons, without respondent's knowledge, mortgaged his interest in the marital premises to plaintiff. On March 5, 1973 respondent obtained a...
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