MURDOCK v. SMITH


37 A.D.2d 782 (1971)

Daniel Murdock, Respondent, v. Gertrude Smith, Appellant

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

September 27, 1971


Judgment affirmed, with costs.

No opinion.

Munder, J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:

I find no basis for holding, as Special Term did, that the parties here are tenants in common of the premises involved in this litigation and that plaintiff is entitled to an accounting of all the moneys, rents and income received by defendant from the property since January 1, 1965...

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