Lampasona v. Lampasona

OPINION OF THE COURT

James D. Benson, J.

This motion by defendant for an order directing that the complaint in this action for partition be dismissed pursuant to CPLR 3211 (a) (1), (3), (4), (5), (7) is denied.

The issue presented in this motion is whether plaintiff is barred from bringing the instant action for partition because of an extant order granting temporary exclusive possession of *740the marital residence to defendant in a pending divorce action. He is not.

The parties entered into a contract to purchase the land upon which the marital residence is now situated approximately two years…