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DELNERO v. SERRA

2 N.J. Super. 350 (1949)

63 A.2d 896

JOHN DELNERO, PLAINTIFF, v. MARY SERRA, SAMUEL SERRA, AND HALEDON NATIONAL BANK, A NEW JERSEY BANKING CORP., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 11, 1949.

Attorney(s) appearing for the Case

Mr. Carl Gelman, and Mr. Archibald Kreiger, attorneys for plaintiff.

Mr. David Cohn, attorney for defendant, Mary Serra.

GRIMSHAW, J.S.C.

This is a motion for summary judgment. The plaintiff seeks the partition of certain real estate formerly held by the plaintiff, John Delnero, and the defendant, Mary Serra, then Mary Delnero, as tenants by the entirety. The plaintiff and Mary Serra, formerly Mary Delnero, having been divorced in 1946, the property is now held by them as tenants in common. The answer sets up as a bar to partition an alleged agreement by the plaintiff not to seek partition...

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