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MARINESCO v. BECKENBACH

5 A.D.3d 104 (2004)

771 N.Y.S.2d 887

CLAUDIO D. MARINESCO, Respondent, v. MISTY J. BECKENBACH, Appellant.

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

March 2, 2004.

Summary judgment upon plaintiff's cause for partition and sale of the subject cooperative apartment was properly granted. Although defendant maintains that plaintiff's right as co-owner of the apartment to seek its partition and sale (see RPAPL 901 [1]; Chiang v Chiang, 137 A.D.2d 371 [1988]) was limited by the parties' agreement, which she contends permits her to remain in the apartment so long as she pays the carrying costs...

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