Legal Opinion
Galitskaya v. Presman
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012PublishedCited by 1 opinion
1Opinion of the Court
“A person holding and in possession of real property as joint tenant or tenant in common, in which he [or she] has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a partition cannot be made without great prejudice to the owners” (RPAPL 901 [1]).
The plaintiff made a prima facie showing of her entitlement to judgment as a matter of law (see Cadle Co. v Calcador, 85 AD3d 700, 702 [2011]; Arata v Behling, 57 AD3d 925, 926 [2008]; James v James, 52 AD3d 474 [2008]). The plaintiff demonstrated her…
2Cases cited6 opinions
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Ripp v. RippNew York Court of Appeals · 1973
- Donlon v. DiamicoAppellate Division of the Supreme Court of the State of New York · 2006
- Arata v. BehlingAppellate Division of the Supreme Court of the State of New York · 2008
- Cadle Co. v. CalcadorAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Matter of DingerAppellate Division of the Supreme Court of the State of New York · 2017