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JACKSON v. PICHLER

23 A.D.3d 241 (2005)

803 N.Y.S.2d 553

MARTIN JACKSON, as Executor of HAROLD WARREN, Deceased, et al., Respondents, v. ROSEMARIE PICHLER, Appellant.

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

November 15, 2005.

The subject property was conveyed to Harold Warren and defendant Rosemarie Pichler by deed dated March 20, 1974, purportedly as tenants by the entirety. However, because Harold Warren and defendant are brother and sister, and not husband and wife, it was impossible for them to take title as tenants by the entirety. Thus, pursuant to EPTL 6-2.2 (a), they took title as tenants in common, with no right of survivorship, no express declaration having been included in the deed...

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