Place v. Cundaro

Appeal from an order of the Supreme Court, Fulton County, granting respondent’s motion for summary judgment for the partition of certain real property located in Johnstown, New York. The property involved was conveyed by decedent by warranty deed to himself and appellant, “his wife, as tenants by the entirety”. Undisputably the decedent and appellant were at no time legally married. Special Term, invoking the statutory presumption of section 6-2.2 of the Estates Powers and Trusts Law, found that the language of the deed failed to manifest the requisite intent to establish a joint tenancy, and…