Lacks v. Lacks

At issue is the validity of a judgment in favor

of plaintiff-respondent (hereafter plaintiff) against defendant-appellant (hereafter defendant), foreclosing a mortgage on a town house in Manhattan owned by defendant. Married in 1938, the parties have been engaged in litigation of one sort or another since 1953, and since entry of the judgment herein have been divorced. The property which is the subject of this action had been held by the parties as tenants by the entirety. In 1959 they executed an agreement providing in part:

‘ ‘ Third: Harold agrees that promptly upon the execution of this…