Brinn v. Slawson & Hobbs

The question presented on this appeal is whether the consent of a lessee for a term of years (in the case at bar the term expired three days after Special Term made its *2decision) is necessary for the maintenance of an action by an owner of an undivided seven-eighths interest in fee against her cotenant in common for the partition of the property.

According to the complaint, plaintiff is an owner of an undivided seven-eighths interest in fee of premises 162 West 72d Street, and defendant Slawson & Hobbs is the owner of an undivided one-eighth interest in the fee as well as the tenant in…