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LANG v. LANG

270 A.D.2d 463 (2000)

705 N.Y.S.2d 295

FANESIA LANG, Respondent, v. MILDRED LANG et al., Appellants.

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

Decided March 27, 2000.

Ordered that the interlocutory judgment is affirmed, with costs.

The Surrogate properly determined that the defendants failed to rebut the presumption that the plaintiff held an equal undivided one-half interest in the subject premises as tenant-in-common with the decedent (cf., Moran v Thomas, 280 App Div 1037; Perrin v Harrington, 146 App Div 292). Moreover, the Surrogate's determination that the decedent...

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