Marshall v. Bonica

*596The Supreme Court properly granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the cause of action for the partition of the parties’ former marital residence because an action for partition does not lie with respect to property held as tenants by the entirety and, under New York’s “divisible divorce” rule, the ex parte foreign divorce secured by the plaintiff did not convert the parties’ tenancy by the entirety to a tenancy in common (see RPAPL 901 [1]; Vanderbilt v Vanderbilt, 1 NY2d 342 [1956], affd 354 US 416 [1957]; Russo Realty Corp. v…