Grossman v. Baker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court was correct in denying defendant’s summary judgment motion seeking an interlocutory judgment of partition and sale. Although the right to partition is governed by statute (RPAPL 901 et seq.), and is absolute in the absence of countervailing conditions (Chew v Sheldon, 214 NY 344; Wood v Fleet, 36 NY 499; see generally, 24 NY Jur 2d, Cotenancy and Partition, § 131), such issues as the interests of the parties and whether partition may be had without great…
2Cases cited12 opinions
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Ripp v. RippNew York Court of Appeals · 1973
- Chew v. . SheldonNew York Court of Appeals · 1915
- Worthing v. CossarAppellate Division of the Supreme Court of the State of New York · 1983
- McVicker v. SarmaAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by12 opinions
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- Wawrzusin v. WawrzusinAppellate Division of the Supreme Court of the State of New York · 1995
- Wolfe v. WolfeAppellate Division of the Supreme Court of the State of New York · 1992
- Bentley v. DoxAppellate Division of the Supreme Court of the State of New York · 2004
7 more not listed; retrieve them via the Exa API.