Berkowitz v. Berkowitz
Opinion of the Court
In an action, inter alia, to compel the sale, in lieu of partition, of real property owned by the parties as tenants in common, plaintiff appeals from an order of the Supreme Court, Rockland County, dated November 3, 1977, which, inter alia, (1) granted defendant’s motion to dismiss the complaint to the extent of marking the case off the Trial Calendar on the grounds that the complaint did not provide an accurate description of all other properties owned by the parties in common and did not seek partition of those properties and (2) denied his cross motion to dismiss the counterclaim. Order modified, on the law, by (1) deleting the first and second decretal paragraphs thereof and substituting therefor a provision denying defendant’s motion to dismiss the complaint and (2) deleting the fourth decretal
Case-law data current through December 31, 2025. Source: CourtListener bulk data.