Legal Opinion

Bailey v. Mormino

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

Decided July 10, 1958PublishedCited by 6 opinions

1Opinion of the Court

Judgment entered October 24,1957, reversed on the law and facts and matter remitted to the Official Referee for further proceedings in accordance with the memorandum. Memorandum: The mere fact that the defendant Mormino, one of the tenants in common, has made improvements or repairs upon the property does not in itself necessarily give a right to an equitable allowance. We find no evidence in the record from which it could be determined-whether such expenditures were for the purpose of improving and preserving the property or whether they were made for her own personal convenience and…

2Cases cited6 opinions

  1. Scott v. . GuernseyNew York Court of Appeals · 1871
  2. Ford v. . KnappNew York Court of Appeals · 1886
  3. Clute v. . CluteNew York Court of Appeals · 1910
  4. Vlacancich v. KennyNew York Court of Appeals · 1936
  5. In re the Estate of HazleyNew York Surrogate's Court · 1938

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3Cited by6 opinions

  1. Worthing v. CossarAppellate Division of the Supreme Court of the State of New York · 1983
  2. Lawrence v. HarveyMontana Supreme Court · 1980
  3. Degliuomini v. DegliuominiAppellate Division of the Supreme Court of the State of New York · 2007
  4. Phelan v. PhelanAppellate Division of the Supreme Court of the State of New York · 1997
  5. Kellogg v. LashombAppellate Division of the Supreme Court of the State of New York · 1996

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