Ackerman v. Ackerman

In this action for partition defendant moves for an order, dismissing the complaint for failure to state a cause of action, and canceling a lis pendens.

The facts are uncontroverted. The parties were married in this State in 1965, and one year later they took title as tenants hy the entirety to certain real property situate in the Town of Yorktown. Subsequently, on February 23,1972, plaintiff obtained an ex parte divorce decree in the State of Georgia. Defendant was not personally served with process in the divorce action and did not appear therein. Defendant’s answer sets forth an affirmative…