Cohen v. Cohen

“It is well established that a tenant-in-common is liable for rent to [her] cotenant if [she] occupies the property to the exclusion of that Cotenant.” (H & Y Realty Co. v Baron, 160 AD2d 412, 414.) The record establishes that on May 7, 1994, defendant ousted plaintiff from the cooperative apartment that the two held as tenants in common following the death of plaintiffs brother and defendant’s husband, with whom plaintiff had bought the apartment as a tenant in common. There was no ouster, though, for which recovery may be had, during the time period of the order of protection that she…