Kraus v. Huelsman

This is a motion by the defendant for judgment under CPLB 3211 (subd. [a], par. 7) dismissing the complaint for failure to state a cause of action. Two causes of action are alleged in the complaint; the first for partition of real estate in Monroe County, New York, which the parties acquired as tenants by the entirety in 1956; the .second for an accounting of the rents and profits collected by the defendant from said, property. In the first cause of action plaintiff alleges that she and defendant were husband and wife when they acquired said real estate; that in April, 1966 she obtained a…