Order unanimously affirmed, with costs.
Memorandum:
The parties own residence property as tenants by the entirety. In this action plaintiff sues for divorce and defendant counterclaims for divorce. Defendant also prays that in the event a judgment of divorce is granted to either party, a further judgment for partition of said real estate be granted. Plaintiff appeals from the order denying his motion to dismiss the counterclaim for partition. Although a tenancy...
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