GABAY v. BENDER


24 A.D.3d 133 (2005)

804 N.Y.S.2d 680

VICKY R. GABAY, Respondent, v. MOLLY BENDER, Individually and as Executrix of WILLIAM GOTTLIEB, Deceased, Appellant.

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

December 6, 2005.


"A person holding and in possession of real property as joint tenant or tenant in common, in which he has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a partition cannot be made without great prejudice to the owners" (RPAPL 901 [1]; see Bufogle v. Greek, 152 A.D.2d 527 [1989]). While the right to maintain an action for partition is...

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