Bialczak v. Moniak

WOLFE, P.J.,

Defendants have filed a motion to dismiss plaintiff’s cause of action, a complaint for partition.

The history of this case is set out in full in our written opinion of August 30, 1984. Defendants had filed preliminary objections in the nature of a demurrer to plaintiff’s complaint in partition which we denied.

The partition action was founded in the uncontested fact plaintiff was married to Stanley B. Bialczak who died May 12, 1984. Prior to his demise, decedent on December 8, 1978, conveyed the premises in question for a partition to his two daughters and excepted and reserved unto…