MacNiallias v. Potter

The plaintiff Tarlach MacNiallias and the defendant Kevin Potter were domestic partners. They purchased a house in Corona, Queens, as tenants in common, on March 31, 1997. Their relationship subsequently deteriorated, and MacNiallias moved out of the house in July 2002. MacNiallias thereafter commenced the instant action to sell the property and divide the proceeds between himself and Potter. A referee was appointed to determine the parties’ respective interests in the property.

MacNiallias submitted an affidavit, loan statements, copies of checks, the original mortgage agreement, refinanced…