Laney v. Siewert

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered February 17, 2005, which, in an action for partition and fraud, inter alia, denied defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law and the facts, to dismiss the cause of action for fraud, and otherwise affirmed, without costs.

The parties took title to the shares allocated to the subject apartment in 1985 as tenants in common. While defendant’s evidence that he paid virtually all of the apartment’s purchase price and carrying costs is sufficient to rebut the…