Partition Action Subject To Evaluation of Equities Between Parties
Arata v. Behling
NYLJ 1/12/09, p. 32, col. 5
AppDiv, Second Dept.
(memorandum opinion)
In an action for partition of real property, the plaintiff co-tenant appealed from the Supreme Court's denial of his summary judgment motion. The Appellate Division affirmed, holding that the remedy of partition is subject to an evaluation of the equities between the parties.
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