Kaufman v. Zash
| Citation | 196 N.Y.S.2d 706,164 N.E.2d 724,7 N.Y.2d 831 |
| Parties | , 164 N.E.2d 724 Max KAUFMAN, Appellant, Naomi Zadan, nee Volin and Herbert Volin, v. Bette ZASH, individually, etc., Respondent. Bette ZASH, Respondent, v. Max KAUFMAN, Appellant. |
| Decision Date | 30 December 1959 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 7 A.D.2d 927, 183 N.Y.S.2d 704.
Surviving husband brought action for his distributive share of property on theory that deed of his deceased wife to herself and one of her daughters by a prior marriage, as joint tenants, was illusory, and husband and others sought to have deed satisfied, on ground that it was executed as result of undue influence. The daughter named in the deed brought summary proceeding in the Municipal Court of the City of New York to obtain possession of an apartment in two-family house on the realty conveyed, from the husband, on theory that he was a squatter or intruder, and the proceeding was transferred and consolidated with the action.
The Supreme Court, Special Term, Queens County, John F. Scileppi, J., 12 Misc.2d 329, 175 N.Y.S.2d 618, entered judgment adverse to the husband, and he appealed.
The Appellate Division, 7 A.D.2d 927, 183 N.Y.S.2d 704, modified and affirmed the judgment, vacated the final order, and held that where deed was delivered to the daughter named therein the same day the deed was executed, and deed was recorded few days later, and wife did not retain any power to revoke or recall the transfer of title, the transfer was real and not illusory, and that the husband was not entitled to the protection of his possession of apartment under the State Residential Rent Law, McK.Unconsol.Laws, § 8581 et seq., because he was never a tenant or a surviving member of the immediate family of a tenant, and that summary proceeding to recover possession could not be maintained against him since he was not a squatter or intruder.
The husband appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on seven copies of the record before the Appellate Division together with required number of printed additional papers.
The Court of Appeals, 6 N.Y.2d 817, 188 N.Y.S.2d 205, granted motion to have the appeal heard on seven copies of the record before the Appellate Division together with required number of printed additional papers.
The Court of Appeals, 6 N.Y.2d 979, 191 N.Y.S.2d 945, denied motion to dismiss the appeal.
The husband contended in the...
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