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COHEN v. COHEN

297 A.D.2d 201 (2002)

746 N.Y.S.2d 22

OFER COHEN, Respondent, v. YAFFA COHEN, Individually and as Coadministratrix of the Estate of RONEN COHEN, Deceased, et al., Appellants.

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

Decided August 1, 2002.

"It is well established that a tenant-in-common is liable for rent to [her] cotenant if [she] occupies the property to the exclusion of that cotenant." (H & Y Realty Co. v Baron, 160 A.D.2d 412, 414.) The record establishes that on May 7, 1994, defendant ousted plaintiff from the cooperative apartment that the two held as tenants in common following the death of plaintiff's brother and defendant's husband, with whom plaintiff...

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