In re the Estate of Violi

OPINION OF THE COURT

Charles J. DArrigo, S.

In this partition proceeding, Vincent DAntoni and Frances D Antoni, plaintiffs, against Anthony Louis Violi, defendant, commenced in Richmond County Supreme Court and subsequently transferred to this court, the facts are not in dispute.

Anthony Violi and his wife, Angela, entered into a separation agreement on June 24, 1980. The agreement provides that Angela Violi is to remain in exclusive possession of the marital residence, owned by them as tenants by the entirety, for a period of four years. The house is then to be sold and upon its sale “whether…