This is an action for partition of real property formerly owned by plaintiff and defendant Barbara Barol (defendant) as tenants by the entirety. Following a 1969 divorce, they became tenants in common. Plaintiff moved pursuant to CPLR 3212 to strike the affirmative defenses of invalidity of the divorce and waiver in not appealing prior Family Court orders for shelter costs for defendant. The motion also sought partial summary judgment determining plaintiff's rights as a tenant...
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