Ackerman v. Ackerman

In an action for the partition of real property, plaintiff appeals from an order of the Supreme Court, Westchester County, dated March 28, 1973, which granted defendant’s motion (I) to dismiss the complaint for failure to state a cause of action and (2) to cancel plaintiff’s notice of pendency of action. Order affirmed, with $20 costs and disbursements. We have been advised that, in a separate action, defendant has obtained a judgment declaring that she is still the lawful wife of plaintiff. Under these circumstances the plaintiff is not in any event entitled to partition. Had defendant not…