Legal Opinion
Stressler v. Stressler
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 1993PublishedCited by 9 opinions
1Opinion of the Court
In an action for the partition and sale of the parties’ former marital residence, the plaintiff appeals from an order of the Supreme Court, Kings County (Deutsch, J.H.O.), dated March 27, 1991, which dismissed the action.
Ordered that the order is affirmed, with costs.
The equitable remedy of partition is not the absolute right of a cotenant in common (see, Ripp v Ripp, 38 AD2d 65, 68, affd 32 NY2d 755). This Court has specifically recognized that with respect to a former marital residence, the "right to maintain an action for partition is subject to equitable considerations as between husband…
2Cases cited5 opinions
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Ripp v. RippNew York Court of Appeals · 1973
- Bufogle v. GreekAppellate Division of the Supreme Court of the State of New York · 1989
- Sherman v. ShermanAppellate Division of the Supreme Court of the State of New York · 1990
- Gasko v. Del VenturaAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by9 opinions
- Kopsidas v. KrokosAppellate Division of the Supreme Court of the State of New York · 2002
- Donlon v. DiamicoAppellate Division of the Supreme Court of the State of New York · 2006
- Graffeo v. PacielloAppellate Division of the Supreme Court of the State of New York · 2007
- Padilla v. PadillaCivil Court of the City of New York · 1995
- Colorado Korean Ass'n v. KOREAN SEN. ASS'N.Colorado Court of Appeals · 2006
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