Clapper v. Kohls

Yesawich, Jr., J.

Cross appeals from that part of an order of the County Court of Saratoga County (Simone, Jr., J.), entered March 22, 1990, which denied motions for summary judgment by plaintiff and defendant David H. Kohls, Sr.

Plaintiff, Donna M. D. Clapper, initiated this action against defendant David H. Kohls, Sr. (hereinafter defendant), her former fiancé, to partition certain real property located in *861Saratoga County. The essential facts are not in dispute. Defendant purchased the real property in September 1985 and built a residence thereon. After construction was completed, the parties…