Mario v. Mario

Order unanimously modified, and as modified, affirmed, without costs, in accordance with the following memorandum: Prior to the divorce of the parties in 1973 they were the owners by the entirety of real estate constituting the marital premises. Following the entry of the divorce decree, plaintiff brought an action for partition (see Mario v Mario, 51 AD2d 428) and eventually obtained an order directing that the premises be sold. Plaintiff purchased the property at the sale and the Referee credited him for payments of taxes, insurance premiums and mortgage principal and interest which he had…