Lerman v. Levine

I concur with the majority regarding the appeal. I disagree, however, with the majority regarding the cross appeal. Therefore, I dissent and would find no error on the cross appeal.

I agree with the majority that under General Statutes § 52-404 (b) it is not necessary for a cotenant, who does not occupy the property in question, to establish ouster in order to be entitled to an accounting for a proportion of use and occupancy from her cotenant who occupies the property. An ouster is a wrongful and intentional exclusion from property of one who is entitled to its possession. Diamond v. Boynton,…