Davies v. Davies

This is a motion for an order pursuant to 'CPLR 3211 dismissing the complaint in the above-entitled partition action, and for an order pursuant to section 237 of the Domestic Relations Law granting counsel fees to the defendant.

A judgment of divorce was granted by me to the plaintiff herein by decree dated July 15, 1970, and entered and filed in the office of the Clerk of the County of Monroe on July 16, 1970. The defendant herein, who was the defendant in the divorce action, was awarded in said decree “the sole and exclusive use and possession of the real property owned by the parties at 41…