Costanza v. Galluzo

In an action for the partition and sale of real property, the defendant appeals from a judgment of the Supreme Court, Kings County (Douglass, J.), dated December 20, 2006, which, inter alia, distributed to her only an undivided one-sixth interest in the net proceeds from the sale of the property.

Ordered that the judgment is affirmed, with costs.

“A partition action, although statutory, is equitable in nature and the court could compel the parties to do equity between themselves when adjusting the distribution of the proceeds of sale” (Cook v Petito, 208 AD2d 886 [1994]; see Berlin v…