Ostrager v. Albert

Order, Supreme Court, New York County (Carol E. Huíf, J.), entered May 29, 1990, which denied defendant’s motion to dismiss the complaint as barred by documentary evidence, pursuant to CPLR 3211 (a) (1), unanimously reversed on the law and the complaint is dismissed, with costs. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint, with costs.

Plaintiff commenced this action for a partition and division of real property located in Manhattan that he holds as a tenant in common with his sister, the defendant. If partition could not be had, plaintiff…