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Ranninger v. Pevsner

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 2003
306 A.D.2d 20 (N.Y. App. Div. 2003)

Opinion

1288

June 3, 2003.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered February 19, 2003, which, to the extent appealed from, denied plaintiff's motion for partial summary judgment directing partition and immediate sale of the subject property, unanimously affirmed, without costs.

Joseph H. Einstein, for plaintiff-appellant.

Michael Fahey, for defendant-respondent.

Before: Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.


The IAS court's denial of plaintiff's application for partition and immediate sale of the subject property was proper. Partition would be inappropriate in advance of a determination as to whether it would cause the owners "great prejudice" (see RPAPL § 901;Grossman v. Baker, 182 A.D.2d 1119), and prior to an accounting to determine the parties' respective interests in the property (see McVicker v. Sarma, 163 A.D.2d 721, 722; also see 24 N.Y. Jur 2d, Cotenancy and Partition, § 244, at 544).

We have considered plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Ranninger v. Pevsner

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 2003
306 A.D.2d 20 (N.Y. App. Div. 2003)
Case details for

Ranninger v. Pevsner

Case Details

Full title:RENATE H. RANNINGER, Plaintiff-Appellant, v. PAUL PEVSNER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 3, 2003

Citations

306 A.D.2d 20 (N.Y. App. Div. 2003)
759 N.Y.S.2d 661

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