Morgan v. Morgan

In an action for the partition of certain real property, defendant appeals from an order of the Supreme Court, Nassau County (Vitale, J.), dated October 3, 1983, which denied her motion “for an order dismissing plaintiff’s action pursuant to CPLR 3211 (a) (1), (7) and (8) on the grounds that a defense is founded upon documentary evidence, the Complaint fails to state a cause of action and the Court has no jurisdiction of the person of the defendant”.

Order reversed, on the law, without costs or disbursements, and defendant’s motion to dismiss granted.

On March 18, 1968, Charlie Morgan married…