D'Addario v. Cavoto

This is an action pursuant to section 1201 of the Beal Property Actions and Proceedings Law, for recovery of one half of the rents collected by a tenant in common. The parties have stipulated to the basic facts. It appears that the real property involved, a two-family house, was owned, since prior to 1957 by Luigi Palladino and Natalina lovelli as tenants in common. Bach solely occupied an apartment in the building and each shared equally in the payment of real estate tax, water, sewer, fuel, insurance and outside repairs. Bach paid separately for repairs in their separate apartments. On…