Sinley v. Estco, Inc.

The plaintiff, a judicially declared incompetent, has brought this action by his successor committee, pursuant to permission granted by this court, to secure the cancellation and discharge of record of an alleged outlawed mortgage (Real Property Law, § 500, subd. 4) on a one-family dwelling in Lynbrook, Nassau County, New York, which the incompetent and his wife, now deceased, purchased in September, 1921 as tenants by the entirety.

The essential facts culled from the agreed statement upon which this action was submitted are these: The incompetent and his wife executed and delivered on…