Gasko v. Del Ventura

Titone, J.,

dissents and votes to reverse the order and grant the motion for summary judgment, with the following memorandum: While I am sympathetic to the plight of the defendant, my review of the record discloses no valid defense to this partition action (cf. Guardian Loan Co. v Early, 47 NY2d 515). I, therefore, dissent and vote to reverse. It is axiomatic that, at the time of the divorce, the real property owned by the defendant and her ex-husband was converted from a tenancy by the entirety to a tenancy in common (Stelz v Shreck, 128 NY 263, 269; Bank of New York v Stauble, 84 AD2d 530)…