Dalmacy v. Joseph
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff established his entitlement to a partition of the subject property by submitting a copy of the deed to that property indicating that he was a tenant in common with the defendant and that he owned a 75% interest in it. The parties were never married to each other but have a daughter together. Contrary to the Supreme Court’s conclusion, there are no issues of fact regarding the plaintiffs right to possession of the property, which is all that he needed to maintain the present partition action (see RPAPL 901 [1]; DeRisi v Santoro, 262 AD2d 270; Piccirillo v Friedman, 244 AD2d 469;…
2Cases cited7 opinions
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Ripp v. RippNew York Court of Appeals · 1973
- Goldberg v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1991
- DeRisi v. SantoroAppellate Division of the Supreme Court of the State of New York · 1999
- USA Nutritionals, Inc. v. Pharmalife, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by10 opinions
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- James v. JamesAppellate Division of the Supreme Court of the State of New York · 2008
- Korn v. KornAppellate Division of the Supreme Court of the State of New York · 2016
5 more not listed; retrieve them via the Exa API.