Gilchrist v. Commercial Credit Corp.

Petitioner seeks an order 1 ‘ vacating and setting aside ” proceedings to conduct a sale, pursuant to CPLR 5236, of her estranged husband’s interest in a residence owned by them as tenants by the entirety and presently occupied by petitioner and her four infant children.

The sale of the property, originally scheduled for May 7, 1971, but stayed pending determination of this proceeding, is for the purpose of satisfying a judgment held by respondent against petitioner’s husband in the sum of $502.74 with interest thereon from September 24, 1965.

The petition is grounded upon CPLR 5240 which…