GABAY v. BENDER


34 A.D.3d 207 (2006)

823 N.Y.S.2d 389

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.

Decided November 2, 2006.


The issue of whether the Special Referee could properly consider plaintiff's right to the keys under the order of reference was rendered academic by plaintiff's submission of a formal motion to the court for the keys. That motion was properly granted. Any co-owner of real property has the right to enter upon the common estate and take possession of the whole thereof, subject only to the equal right of co-owners in interest with whose possession he or she may not interfere...

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