Levy v. Herson

OPINION OF THE COURT

Fred T. Santucci, J.

In an action for the partition of real property and the stock of a cooperative, plaintiff moves pursuant to CPLR 3212 for summary judgment.

The parties took title as joint tenants to the real property, a private home in Forest Hills, Queens, on March 11, 1975, and were issued a proprietary lease and jointly held shares in the cooperative, a vacation home in upstate New York, on September 7, 1974. The parties and their respective children jointly occupied the house and cooperative pursuant to a written agreement entered into on July 24,1975. The cgreement…