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V.R.W., INC. v. KLEIN

68 N.Y.2d 560 (1986)

V.R.W., Inc., Respondent, v. Barbara Klein, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 19, 1986.

Attorney(s) appearing for the Case

Abraham Rosten and Bernard Meyerson for appellant.

Donald Tirschwell and Nan Klein for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur.

TITONE, J.

This appeal requires us to consider the nature of the property interest obtained by a mortgagee who has accepted a mortgage which is effective as to only one spouse's interest in a tenancy by the entirety. While we have previously held that upon foreclosure the mortgagee in this situation acquires the rights of a tenant in common subject to the husband and wife's reciprocal rights of survivorship,...

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