Zeitler v. Zeitler

Order unanimously reversed and motion granted, with costs. Memorandum: In this action for partition of real property it is admitted in the pleadings that the parties obtained title to it in 1954 as tenants by the entirety. In 1959 plaintiff left defendant and.moved to California, taking the daughter of the parties with her and all of plaintiff’s personal property. She left with defendant their crippled son and has not contributed to his support or the maintenance of the real property. In 1962 defendant went to Mexico and obtained an ex parte judgment of divorce against plaintiff, and promptly…