New York Supreme Court March 13, 1973 (Ackerman v. Ackerman)

Mario Pittoni, J.

In this action for partition defendant moves for an order, dismissing the complaint for failure to state a cause of action, and canceling a lis pendens.

The facts are uncontroverted. The parties were married in this State in 1965, and one year later they took title as tenants hy the entirety to certain real property situate in the Town of Yorktown.