A review of an important case.
Co-Tenant's Possession Not Adverse
Russo Realty Corp. v. Orlando
NYLJ 6/26/06, p. 38, col. 1
AppDiv, Second Dept
(memorandum opinion)
In an action by co-tenant for partition and sale, defendant co-tenant appealed from Supreme Court's grant of summary judgment dismissing her adverse possession defense and counterclaim. The Appellate Division affirmed, concluding that her possession was not adverse to the co-tenant seeking partition.
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