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GASKO v. DEL VENTURA

96 A.D.2d 896 (1983)

John Gasko, Appellant, v. Rose Del Ventura, Respondent

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

August 22, 1983

Order affirmed, with costs.

Although a divorce converts a tenancy by the entirety to a tenancy in common (Stelz v Shreck, 128 N.Y. 263) the ex-husband's right to maintain an action for partition is subject to equitable considerations as between husband and wife (Ripp v Ripp, 38 A.D.2d 65, affd 32 N.Y.2d 755 on opn of Hopkins, J.). Plaintiff, as judgment creditor of the ex-husband...

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