Johnson v. Depew

Judgment reversed on the law and facts, with costs, and new trial granted solely on the issue of the amount of rent due and owing to the estate from respondent. Memorandum: Generally an individual cotenant may occupy the property of tenancy-in-common without incurring liability for such occupancy (Wood v. Phillips, 43 N. Y. 152; Bullock v. Hartburg, 286 App. Div. 918) except when the occupying cotenant commits or allows to be committed some act which excludes the other cotenants from the use and enjoyment of the cotenancy (Zapp v. Miller, 109 N. Y. 51). It has long been settled, however, that…