Gonzalez v. Gonzalez

—In an action to partition real property, the plaintiffs appeal from an order of the Supreme Court, Kings County (Yoswein, J.), dated March 8, 1996, which denied their motion for summary judgment. Justice Copertino has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion is granted.

In 1959 the plaintiff Justina Gonzalez and her then-husband, Ruben Gonzalez, acquired title to the premises at issue as tenants by the entirety. As a result of their 1974 divorce, Justina and Ruben Gonzalez held…