Legal Opinion

Daly v. Messina

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

Decided May 20, 2008PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, for the partition and sale of real property, the plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered May 17, 2007, which denied her motion, among other things, for summary judgment on the complaint, and granted the defendants’ cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff and the defendants Rosemarie Messina and Patrick Franzese are siblings. In 1982 their father deeded to himself and them certain real property at issue on this appeal “as partners operating…

2Cases cited8 opinions

  1. Martin v. PeytonNew York Court of Appeals · 1927
  2. Gaentner v. BenkovichAppellate Division of the Supreme Court of the State of New York · 2005
  3. Alleva v. DairyAppellate Division of the Supreme Court of the State of New York · 1987
  4. Lord v. . HullNew York Court of Appeals · 1904
  5. Kraus v. KrausNew York Court of Appeals · 1928

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

3Cited by2 opinions

  1. Sealy v. Clifton, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  2. 459 Wash. Ave., LLC v. AtkinsAppellate Division of the Supreme Court of the State of New York · 2024

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