Maisto v. Maisto

In an action for partition of real property formerly owned by the parties as tenants by the entirety, the defendant appeals from an order of the Supreme Court, Nassau County dated November 20, 1979, which (1) denied her motion for summary judgment upon her counterclaim, and (2) granted, sua sponte, partial summary judgment to the plaintiff dismissing the counterclaim without prejudice to an application by the defendant for a judgment pursuant to section 244 of the Domestic Relations Law. Order modified, on the law, by deleting the provision granting partial summary judgment to the plaintiff…