Legal Opinion

Vollaro v. Vollaro

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1911PublishedCited by 17 opinions

Appeal by the plaintiff, Saverio Vollaro, from an interlocutory judgment of the] County Court of Kings county in • favor of the defendant Josephina Vollaro, entered in the office of the clerk of 'said county ¡on-the 13th day of December, 1910, upon the decision of the court sustaining the said defendants demurrer to thex complaint and dismissing the said complaint as to her, and also from an order bearing date the 9th day of December, 1910, and entered in said' clerk’s…

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Appeal by the plaintiff, Saverio Vollaro, from an interlocutory judgment of the] County Court of Kings county in • favor of the defendant Josephina Vollaro, entered in the office of the clerk of 'said county ¡on-the 13th day of December, 1910, upon the decision of the court sustaining the said defendants demurrer to thex complaint and dismissing the said complaint as to her, and also from an order bearing date the 9th day of December, 1910, and entered in said' clerk’s office, directing the entry of said judgment.

1Opinion of the Court

Burr; J.:

Plaintiff and the defendant Josephina Vollaro are husband and wife. After their marriage two pieces of real property were conveyed to them, one in 1899 and the other in 1904. The complaint properly declares that they hold these lands as tenants by the entirety. Plaintiff brings this action for partition. Defendant demurs, and the question is presented whether one tenant by the entirety can compel partition of the lands thus owned against the will of the other. . At common law a writ of compulsory partition only ran in favor of one coparcener against another. (Alln. Part. chap. 3, §…

2Cases cited3 opinions

  1. Stelz v. . ShreckNew York Court of Appeals · 1891
  2. Mead v. . MitchellNew York Court of Appeals · 1858
  3. Mead v. MitchellNew York Supreme Court · 1857

3Cited by17 opinions

  1. Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
  2. V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
  3. Anello v. AnelloAppellate Division of the Supreme Court of the State of New York · 1964
  4. Huber v. HuberNew York Supreme Court · 1960
  5. Knight v. KnightAppellate Division of the Supreme Court of the State of New York · 1969

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