Hunter v. Hunter

OPINION OF THE COURT

Robert J. Muller, J.

This is a motion by defendant Robert B. Hunter to vacate a judgment entered by plaintiff David W. Hunter on August 3, 2016 following a referee’s report in this partition action (see RPAPL art 9). In the 1970s, the parties’ parents purchased approximately 100 acres of property on Tahawus Road in the Town of Newcomb, Essex County. In 2004, the property was transferred to plaintiff and defendant, who are brothers. A furnished cottage, outbuildings and various equipment— including the generator that supplied the only available electrical power—were located…