Legal Opinion

Schwartz v. Miltz

Appellate Division of the Supreme Court of the State of New York

Decided October 12, 2010PublishedCited by 11 opinions

1Opinion of the Court

*724In an action for the partition and sale of real property, the defendant appeals from a judgment of the Supreme Court, Nassau County (Brandveen, J.), entered October 13, 2009, which, upon remittitur from this Court for consideration of the issue of equitable relief after a nonjury trial (see Schwartz v Miltz, 60 AD3d 928 [2009]), is in favor of the plaintiff awarding him one half of the proceeds of the sale of the subject property.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

In August 2004 the plaintiff commenced this action for the partition…

2Cases cited14 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
  3. Ripple's of Clearview, Inc. v. Le Havre AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
  4. Gaden v. GadenNew York Court of Appeals · 1971
  5. Benincasa v. GarrubboAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by11 opinions

  1. Bank of Smithtown v. 219 Sagg Main, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  2. Rock v. RockAppellate Division of the Supreme Court of the State of New York · 2012
  3. Bent v. St. John's Univ., N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Weaver v. Town of N. CastleAppellate Division of the Supreme Court of the State of New York · 2017
  5. Black, Davis & Shue Agency, Inc. v. Frontier Insurance Co. in Rehabilitation (In re Black, Davis, & Shue Agency, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 2012

6 more not listed; retrieve them via the Exa API.

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