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COOK v. PETITO

208 A.D.2d 886 (1994)

619 N.Y.S.2d 571

Patricia M. Cook, Respondent, v. Linda Petito et al., Appellants, and Barbara Annibale et al., Respondents, et al., Defendant

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

October 31, 1994

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

"A partition action, although statutory, is equitable in nature and the court could compel the parties to do equity between themselves when adjusting the distribution of the proceeds of sale" (Oliva v Oliva, 136 A.D.2d 611, 612). In this case, the Supreme Court did not improvidently exercise its...

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