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DOMINELLO v. DOMINELLO

120 A.D.2d 699 (1986)

Armond V. Dominello, Jr., et al., Appellants, v. Elizabeth K. Dominello, Respondent

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

May 27, 1986

Order affirmed, with costs.

The deed proffered by the defendant in support of her motion to dismiss constituted a valid defense to the action founded upon documentary evidence (CPLR 3211 [a] [1]). The deed established that the property in question was held by the plaintiffs' decedent and the defendant, as husband and wife, as tenants by the entirety and, therefore, upon the death of one spouse, the surviving spouse remained...

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