This is a motion by the defendant for judgment under CPLR 3211 (subd. [a], par. 7) dismissing the complaint for failure to state a cause of action. Two causes of action are alleged in the complaint; the first for partition of real estate in Monroe County, New York, which the parties acquired as tenants by the entirety in 1956; the second for an accounting of the rents and profits collected by the defendant from said property. In the...
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