DONLON v. DIAMICO


33 A.D.3d 841 (2006)

823 N.Y.S.2d 483

BARBARA DONLON, Also Known as BARBARA T. DONLON, Respondent, v. GLORIA DIAMICO, Also Known as GLORIA D'AMICO, Appellant, et al., Defendant.

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

Decided October 24, 2006.


Ordered that the order is modified, on the facts and as a matter of discretion, by adding a decretal paragraph thereto directing that an accounting be made prior to the entry of an interlocutory judgment directing the sale of the subject premises; as so modified, the order is affirmed, with costs to the plaintiff.

"A person holding and in possession of real property as joint tenant or tenant in common, in which he [or she] has an estate of inheritance, or for life...

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