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BAJKYNICZ v. BAJKYNICZ

5 A.D.2d 562 (1958)

Mary L. Bajkynicz, Respondent, v. John Bajkynicz, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 7, 1958.

Attorney(s) appearing for the Case

Joseph A. Marion for appellant.

William J. Driscoll for respondent.

Present — McCURN, P. J., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

Per Curiam.

The plaintiff and defendant subsequent to their marriage took title as tenants by the entirety to a two-family house and lot in the village of Kenmore, Erie County, New York. The plaintiff wife has since obtained a divorce in the State of Idaho. She thereafter brought this action for partition of the real estate upon the theory that a termination of the marriage by a valid divorce severs the tenancy by the...

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