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MacNIALLIAS v. POTTER

2009-10658.

82 A.D.3d 718 (2011)

917 N.Y.S.2d 895

TARLACH MacNIALLIAS, Respondent, v. KEVIN POTTER, Appellant.

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

Decided March 1, 2011.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff Tarlach MacNiallias and the defendant Kevin Potter were domestic partners. They purchased a house in Corona, Queens, as tenants in common, on March 31, 1997. Their relationship subsequently deteriorated, and MacNiallias moved out of the house in July 2002. MacNiallias thereafter commenced the instant action to sell the property and divide the proceeds between himself and Potter. A referee was...

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