DALMACY v. JOSEPH


297 A.D.2d 329 (2002)

746 N.Y.S.2d 312

KESLER DALMACY, Appellant, v. YANICK JOSEPH, Respondent. (Action No. 1.) KESLER DALMACY, Appellant, v. YANICK JOSEPH, Respondent. (Action No. 2.)

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

Decided August 19, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matters are remitted to the Supreme Court, Nassau County, for the appointment of a referee pursuant to RPAPL 913.

The plaintiff established his entitlement to a partition of the subject property by submitting a copy of the deed to that property indicating that he was a tenant in common with the defendant and that he owned a 75% interest in it. The...

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