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VICK v. ALBERT

47 A.D.3d 482 (2008)

849 N.Y.S.2d 250

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

Decided January 17, 2008.

Defendants' evidence established that the property for which partition was sought was actually owned by AGV and not held by tenancy in common. Even if we consider, arguendo, the presumptions that a holder of title is the owner and that a property disposition to several persons creates a tenancy in common, the former was overcome by the rule that partnership property may be held in the name of a partner, as we noted on the prior appeal (17 A.D.3d 255

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