Marchese v. Marchese

In this action for partition the plaintiff has moved for an order granting him summary judgment and for an order pursuant to section 911 of the Real Property Actions and Proceedings Law.

On March 27, 1960, when the plaintiff’s father died intestate he owned a parcel of real property located in Watervliet, New York. The plaintiff’s father was survived by six children (including the plaintiff) and two grandchildren of a predeceased child. Consequently, each child owned, as a tenant in common, with the others, a one-seventh share and each grandchild owned a one-fourteenth share of the realty. On…