SAMPSON v. DELANEY


34 A.D.3d 349 (2006)

824 N.Y.S.2d 277

FREDERICK D.R. SAMPSON, Appellant, v. YVONNE DELANEY, Respondent, et al., Defendants.

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

Decided November 21, 2006.


The complaint seeks a partition and sale of property that plaintiff jointly owns with defendant-respondent, with any equities arising out of unequal contributions or receipts to be determined at an accounting and paid out of the proceeds of the sale, and the balance of the proceeds to be divided equally between the parties. Such relief is premature. The parties' respective rights and interests in the property, and the adjustment of any equities, must be determined before...

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