Levine v. Carr

This is an action for partition and an accounting. [See 11 A D 2d 721.] The real property involved had been owned by Noel Simon and Feme Simon, his wife, as tenants by the entirety. A judgment against the husband tenant, Noel Simon, by a Sarah Levine in November, 1956, resulted in a levy of execution against the said husband’s interest. Subsequently, in November, 1957, the Sheriff of Nassau County sold Noel Simon’s interest in the real property at public auction to the judgment creditor, and a certificate of sale was delivered to her. The plaintiff, to whom the certificate of sale had been…