Summary
noting that a party seeking partition "concedes the court's authority to compel him to deal equitably with his co-tenants"
Summary of this case from Crestwood Capital Group Corp. v. SchuermannOpinion
Argued March 14, 1973
Decided April 26, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DANIEL G. ALBERT, J.
Samuel Millman and Harrison Topkis for appellant.
Joel S. Kaplan and A. Thomas Levin for respondent.
Order affirmed, with costs, on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.