
    Pawel BRZOZOWSKI, respondent, v. Felix J. BRZOZOWSKI and another, defendants, and Stanislawa Szervart, appellant.
    (Supreme Court, Appellate Division, Second Department.
    June 29, 1916.)
   The judgment is reversed, and i new trial is granted, costs to abide the final ward of costs. The proof shows that the ippellant was entitled to a mortgage to the extent of $262.30. Moreover, there is no proof that the defendants Felix J. Brzozowski and his wife, Annie Brzozowski, were served or appeared, and therefore any sale of the premises might not afford n good title. Upon the new trial the court should determine whether a judgment in an action brought by the plaintiff could affect the said Annie Brzozowski, who was a tenant in the entirety. Jenks, P. J., and Thomas, Carr, Stapleton, and Putnam, JJ., concur.  