HUBER v. HUBER


26 Misc.2d 539 (1960)

Theresia Huber, Plaintiff, v. Adolph Huber, Defendant.

Supreme Court, Special Term, Nassau County.

December 19, 1960


Attorney(s) appearing for the Case

William I. Niles for plaintiff. Reilly, Young & Buckley for defendant.


BERNARD S. MEYER, J.

In this partition action both parties move for summary judgment. The parties were married in New York in 1946. In 1959, plaintiff wife took up residence in Florida and on May 11, 1960, was granted an absolute divorce in that State. The premises sought to be partitioned were acquired by the parties during marriage and held as tenants by the entirety. The Florida decree is presumed valid, notwithstanding that neither the complaint nor...

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