MYERS v. BARTHOLOMEW


233 A.D.2d 306 (1996)

649 N.Y.S.2d 723

Charles A. Myers, Appellant, v. Thelma Bartholomew et al., Respondents

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

November 4, 1996


Ordered that the order is modified, on the law, by adding a provision thereto that, upon searching the record, summary judgment is awarded to the defendants, and the complaint is dismissed; as so modified, the order is affirmed, without costs or disbursements.

In 1959, Aston Bartholomew and Julia Craft acquired title to an apartment as tenants in common. When Aston Bartholomew died intestate in 1979, title to his undivided one-half interest in the apartment vested...

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