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STRESSLER v. STRESSLER

193 A.D.2d 728 (1993)

597 N.Y.S.2d 712

Charles Stressler, Appellant, v. Theresa Stressler, Respondent, et al., Defendants

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

May 17, 1993

Ordered that the order is affirmed, with costs.

The equitable remedy of partition is not the absolute right of a cotenant in common (see, Ripp v Ripp, 38 A.D.2d 65, 68, affd 32 N.Y.2d 755). This Court has specifically recognized that with respect to a former marital residence, the "right to maintain an action for partition is subject to equitable considerations as between...

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