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HUNTINGTON BANK v. CORNELIUS

508795.

80 A.D.3d 245 (2010)

914 N.Y.S.2d 327

HUNTINGTON NATIONAL BANK, as Trustee for FRANKLIN MORTGAGE ASSET TRUST, 2009-A, Appellant, v. VICTOR CORNELIUS, Respondent, et al., Defendants. A. MICHAEL KRIEGER, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 16, 2010.

Attorney(s) appearing for the Case

Law Offices of Jeffrey S. Greene, P.C., White Plains ( Jeffrey S. Greene of counsel), for appellant.

Law Office of Thomas J. Minotti, P.C., Highland ( Thomas J. Minotti of counsel), for Victor Cornelius, respondent.

Schiller & Knapp, L.L.P., Latham ( Gary A. Lefkowitz of counsel), for A. Michael Krieger, respondent.

Concur—SPAIN, LAHTINEN, KAVANAGH and GARRY, JJ.

OPINION OF THE COURT

PETERS, J.P.

In September 1991, A. Michael Krieger purchased from defendant Victor Cornelius (hereinafter defendant) a one-half interest in Teviotdale, a historic home located in the Town of Livingston, Columbia County. As part of the transaction, the parties entered into and recorded a joint tenancy agreement which provided, in relevant part, that "[s]hould either party purchase the entire...

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