Bein v. Baer

The defendants, husband and wife, move to dismiss the complaint herein for legal insufficiency.

The complaint contains two causes of action founded on article 10 of the Debtor and Creditor Law. In the first cause of action, the plaintiff, being the assignee of a judgment against the husband only, seeks to have his judgment declared a lien upon certain real property (owned by the defendant wife) to the extent of certain payments made by the husband in reduction of one or more mortgages on said property and in connection with the payment of various improvements and other *544expenses thereon. It is…