PUGLIESE v. SABURRO


276 A.D. 794 (1949)

Santo Pugliese, a Tenant in Common with Concetta Pugliese, Respondent, v. Michael Saburro et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.


The petitioner, Santo Pugliese, and his wife, Concetta, were the owners as tenants in common of the premises involved. Santo owned an undivided one-third and Concetta an undivided two-thirds interest. On the premises was a three-story building with a separate flat on each floor. The couple had separated. Concetta occupied the second-floor flat and the petitioner lived away from the premises. Concetta, without the knowledge or consent of the petitioner, leased the lower flat...

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