KNIGHT v. KNIGHT


31 A.D.2d 267 (1969)

Gerald A. Knight et al., Respondents, v. Edward P. Knight, Appellant

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

February 3, 1969.


Attorney(s) appearing for the Case

James J. Richman (Jacob W. Friedman of counsel), for appellant.

John A. Needham for respondents.

CHRIST, Acting P. J., BRENNAN and MUNDER, JJ., concur with HOPKINS, J.; BENJAMIN, J., concurs, with a separate memorandum.


HOPKINS, J.

The action is in partition. The plaintiffs are the children of the defendant. They claim to be tenants in common with the defendant in the one-family home acquired in 1947 by the defendant and their mother, now deceased, as tenants by the entirety. Their interests are alleged to have arisen in their capacity as distributees of the estate of their mother, who died intestate.

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