Marcello v. Marcello

— Appeal from an order of the Supreme Court at Special Term (Bryant, J.), entered August 3, 1982 in Broome County, which granted plaintiff’s motion for summary judgment. Plaintiff and defendant were married in 1964 and in 1972 purchased real property in Binghamton, New York, as tenants by the entirety. By service of a summons with notice plaintiff commenced an action for divorce in July, 1980. The notice further requested the ancillary relief of custody of the parties’ infant son, child support, maintenance, and equitable distribution of the marital property. On December 4,1980, a judgment of…