Opinion
July 10, 1967
In an action by a wife against her husband to recover half the proceeds of a sale of real property, held by them as tenants by the entirety, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered December 19, 1966, after a trial without a jury, dismissing the complaint. Judgment reversed on the law and the facts, with costs, and judgment directed in plaintiff's favor for $13,384.83, as prayed for in the complaint and amended as to amount at the trial. Findings of fact contained in the trial court's opinion inconsistent herewith are reversed and new findings are made as indicated herein. Plaintiff is entitled to one half of the net proceeds of the sale of the real property formerly owned by the parties as tenants by the entirety, notwithstanding that she contributed nothing towards its purchase price or maintenance charges ( Secrist v. Secrist, 284 App. Div. 331, affd. 308 N.Y. 750; Coppola v. Coppola, 17 A.D.2d 647, 648). Contrary to the trial court's conclusion that no promise was made by defendant to turn over one half the proceeds of sale to plaintiff, we find that such agreement was in fact made. Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.