Musone v. Musone

Appellate Division of the Supreme Court of New York

Musone v. Musone

11 A.D.2d 696, 204 N.Y.S.2d 565, 1960 N.Y. App. Div. LEXIS 9462

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 6, 1960

StatusPublished

This text of 11 A.D.2d 696 (Musone v. Musone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Musone v. Musone, 11 A.D.2d 696, 204 N.Y.S.2d 565, 1960 N.Y. App. Div. LEXIS 9462 (N.Y. Ct. App. 1960).

Pincite

Opinion

In a partition action, the defendant appeals from an order of the Supreme Court, Richmond County, entered February 9, 1960, which: (1) granted plaintiff’s cross motion for summary judgment striking out defendant’s answer; and (2) denied defendant’s motion to preclude. Order affirmed, without costs. Under the deed by which the parties acquired title to the property, the intention was to take as tenants by the entirety. The parties, however, were not then and never have been legally married. Therefore, they are tenants in common of the property involved and partition is maintainable. The respective contributions of the parties to the purchase and upkeep of the property, and the propriety of the respective items, will be passed on before the Referee in partition. Beldoek, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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In a partition action, the defendant appeals from an order of the Supreme Court, Richmond County, entered February 9, 1960, which: (1) granted plaintiff’s cross motion for summary judgment striking out defendant’s answer; and (2) denied defendant’s motion to preclude. Order affirmed, without costs. Under the deed by which the parties acquired title to the property, the intention was to take as tenants by the entirety. The parties, however, were not then and never have been legally married. Therefore, they are tenants in common of the property involved and partition is maintainable. The respective contributions of the parties to the purchase and upkeep of the property, and the propriety of the respective items, will be passed on before the Referee in partition. Beldoek, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

11 A.D.2d 696, 204 N.Y.S.2d 565, 1960 N.Y. App. Div. LEXIS 9462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musone-v-musone-nyappdiv-1960.