Hoyt v. Ruge

This is a motion to dismiss the complaint on the ground that the causes of action have been improperly united.

The action is for partition. Three parcels of property are involved, parcel A being in the county of Kings and parcels B and C in the county of Bronx.

The plaintiff and all the defendants are interested in parcel C. Plaintiff and the defendants, except those who make this motion, are interested in parcels A and B.

The complaint alleges that one Ernest Sass died seized and possessed of the entire fee of parcels A and B and to an undivided one-half interest in parcel C; that the remaining…