ORLANDO v. DEPRIMA


22 Misc.3d 987 (2008)

870 N.Y.S.2d 871

JOANNE DESMOND ORLANDO, Plaintiff, v. DENISE DEPRIMA, Formerly Known as DENISE DESMOND, et al., Defendants.

Supreme Court of the State of New York, Kings County.

December 18, 2008.


Attorney(s) appearing for the Case

James I. Williams, Brooklyn, for plaintiff.

Harvey Sorid, Uniondale, for Denise DePrima, defendant.

Wingate, Kearney & Cullen, Brooklyn, for John Desmond Jr., defendant.


OPINION OF THE COURT

HERBERT KRAMER, J.

When a tenant holding property in a joint tenancy with rights of survivorship dies during the pendency of a partition proceeding, is the tenancy deemed severed such that the heirs may claim an interest in the property?

The now deceased plaintiff and the two defendants were siblings and joint tenants in a property that is the subject of this action for partition....

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