KREITZ v. AUSTIN


35 A.D.2d 811 (1970)

Edward Kreitz, Appellant, v. Rose Austin, Respondent

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

November 2, 1970


Hopkins and Munder, JJ., dissent and vote to reverse the order and to grant plaintiff's motion to the extent of severing the second counterclaim and transferring it to the Family Court for further proceedings not inconsistent herewith, with the following memorandum: Plaintiff sues for a partition of land owned by the parties as tenants in common and for an accounting. Defendant's answer contains a (second) counterclaim in which it is alleged that the parties lived together...

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