TURCHIANO v. WOODS


85 Misc.2d 991 (1976)

Rose M. Turchiano et al., Plaintiffs, v. Beatrice Woods, Also Known as Beatrice Turchiano et al., Defendants.

Supreme Court, Trial Term, Queens County.

March 22, 1976


Attorney(s) appearing for the Case

David C. Condon for plaintiffs. Harry Bigman for Beatrice Woods, defendant. Charles H. Ahearn for Greater New York Savings Bank, defendant.


WILLIAM G. GIACCIO, J.

This action for partition presents an issue of first impression, i.e., whether EPTL 6-2.2 (subd [c]) which became effective September 1, 1975, may be applied retroactively.

Plaintiffs are, respectively, the widow and children of one Joseph Turchiano, who died intestate on December 2, 1971. For many years prior to his death, Joseph Turchiano had cohabited with defendant Beatrice...

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