DeThomasis v. Viviano

Appeal from that part of an amended order of the Supreme Court (Zwack, J.), entered December 28, 2015 in Albany County, which partially denied plaintiffs’ motion to dismiss defendant’s affirmative defenses.

Defendant was in a relationship with plaintiffs’ mother and, in 2005, the two purchased real property in the City of Albany as joint tenants with right of survivorship. The couple intended to build their residence on the property and, later that year, defendant purportedly agreed to “pay in equal shares to [plaintiffs] an amount equal to all funds contributed by” their mother toward the…