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WAWRZUSIN v. WAWRZUSIN

212 A.D.2d 779 (1995)

623 N.Y.S.2d 255

Chester K. Wawrzusin, Respondent-Appellant, v. Lorraine T. Wawrzusin, Appellant-Respondent

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

February 27, 1995

Ordered that the interlocutory judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

RPAPL 943 and 945 provide that, in a partition action, the court may adjust the rights of the parties where one party receives more than his or her proper proportion of the rents or profits from the property. While an accounting is necessary where there is evidence that one party has received...

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