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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Real Property Law

By ssalkin

Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim

Pini v. Marini NYLJ 9/13/18, p. 22., col. 5 AppDiv, Second Dept. (memorandum opinion)

In a partition action, both co-tenants appealed from Supreme Court's order denying their respective summary judgment motions. The Appellate Division affirmed denial of defendant's summary judgment motion and reversed denial of plaintiff's summary judgment motion, holding that plaintiff co-tenant had established his ownership interest in the parcel and, therefore, his right to partition.

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