Legal Opinion

McIntosh v. McIntosh

Appellate Division of the Supreme Court of the State of New York

Decided January 27, 2009PublishedCited by 11 opinions

1Opinion of the Court

In an action for the partition of real property, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Yablon, Ct. Atty. Ref.), dated March 9, 2007, as, after a hearing, awarded her the sum of only $96,350 of the $218,000 profit from the sale of the property.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

A tenant in common “has the right to take and occupy the whole of the premises and preserve them from waste or injury, so long as he or she does not interfere with the right of [the other…

2Cases cited6 opinions

  1. Jemzura v. JemzuraNew York Court of Appeals · 1975
  2. Degliuomini v. DegliuominiAppellate Division of the Supreme Court of the State of New York · 2004
  3. Kwang Hee Lee v. Adjmi 936 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2006
  4. Misk v. MossAppellate Division of the Supreme Court of the State of New York · 2007
  5. Corsa v. BiernackiAppellate Division of the Supreme Court of the State of New York · 2003

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Gamman v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2012
  2. Gapihan v. HemmingsAppellate Division of the Supreme Court of the State of New York · 2014
  3. Perretta v. PerrettaAppellate Division of the Supreme Court of the State of New York · 2016
  4. Cooney v. ShepardAppellate Division of the Supreme Court of the State of New York · 2014
  5. Klein v. DooleyAppellate Division of the Supreme Court of the State of New York · 2014

6 more not listed; retrieve them via the Exa API.

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