Appellate Division of the Supreme Court of the State of New York December 3, 1920 (Andron v. Funk)

lead-opinion

Greenbaum, J.:

This action was brought for the partition of a certain two-family house in the borough of The Bronx owned by plaintiff and the appellant as tenants in common. In his answer defendant interposed a defense and a counterclaim which virtually embody the same state of facts. The plaintiff demurred to both the defense and the counterclaim.