Keown v. Wright

Appeal from an order of the Supreme Court at Special Term (Smyk, J.), entered October 1, 1981 in Tompkins County, which granted plaintiff’s motion pursuant to RPAPL 911 for the appointment of a referee in an action for partition. Plaintiff seeks to have partitioned real property which she and her daughter, defendant Janice K. Wright, purchased as joint tenants. The complaint alleges “all of the parties to this action are of * * * sound mind”. Defendant’s answer denies this, but contains no affirmative defense asserting plaintiff’s incompetency. The daughter answered plaintiff’s motion for an…