VICK v. ALBERT


17 A.D.3d 255 (2005)

793 N.Y.S.2d 413

JONATHAN E. VICK et al., Respondents, v. RICHARD ALBERT et al., Appellants, et al., Defendants.

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

April 26, 2005.


Plaintiff executors allege that their decedent, at the time of her death, held a 20% undivided interest in the E. 32nd property as a tenant in common with defendants-appellants Richard Albert and Evelyn Renee Albert. Based on the decedent's alleged tenant-in-common status, plaintiffs, in their fifth cause of action, seek partition or sale of the E. 32nd property. Defendants-appellants dispute plaintiffs' entitlement to partition, contending that the E. 32nd property was an...

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