D'Angelo v. D'Angelo

— In an action for a declaratory judgment, defendant appeals from a judgment of the Supreme Court, Kings County (Kartell, J.), entered October 19, 1983, which, inter alia, declared a deed dated March 25, 1971 to be invalid.

*774Judgment reversed, on the law, and case remitted to the Supreme Court, Kings County, for a new trial, with costs to abide the event.

Plaintiff’s complaint and bill of particulars set forth two theories upon which the deed at issue should be set aside as invalid and ineffective. The first was that defendant obtained the deed by fraud and misrepresentation, and the second was…