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MARONE v. MARONE

2015-11327. Index No. 3397/14.

150 A.D.3d 1097 (2017)

2017 NY Slip Op 04109

52 N.Y.S.3d 661

ROBERT J. MARONE, Respondent, v. FRANCESCA MARONE, Appellant.

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

Decided May 24, 2017.

Ordered that the order is affirmed, without costs or disbursements.

"[P]artition, although statutory (see RPAPL art 9), is equitable in nature, and the court may compel the parties to do equity between themselves when adjusting the distribution of the proceeds of a sale" (Koniosis v Tsororos, 83 A.D.3d 665, 668 [2011]). In this case, the attorney's fee award in the sum of $6,000, payable from the net proceeds of the...

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