ESTATE OF GERTRUDE STEINGART v. HOFFMAN


33 A.D.3d 465 (2006)

823 N.Y.S.2d 29

ESTATE OF GERTRUDE STEINGART, Deceased, by DIANE STEINGART, as Personal Representative, Respondent, v. BARBARA HOFFMAN, Appellant.

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

Decided October 19, 2006.


The allegations, pleading grounds for partition and sale of the subject apartment, were admitted by defendant in her verified answer. In any case, the necessity of a sale as opposed to physical partition of the apartment is borne out by the record, which discloses that the parties fundamentally disagree upon issues relating to the maintenance and repair of the apartment and, accordingly, that physical partition of the premises would have resulted in great prejudice to both...

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