FERGUSON v. McLOUGHLIN


184 A.D.2d 294 (1992)

Matthew J. Ferguson et al., Respondents, v. Kathleen B. McLoughlin, Appellant

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

June 11, 1992


In this contest between tenants in common, plaintiffs and defendant each owning a one-half interest in a five-story building in the Chelsea district of Manhattan, we agree that Supreme Court properly directed partition and sale thereof pursuant to RPAPL article 9, and that, contrary to the dissent, no relevant issues remain to be resolved at a hearing.

"It is well settled that, as a general principle, one who holds an interest in real property as a tenant in common...

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