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PICHLER v. JACKSON

5373, 651456/15.

157 A.D.3d 450 (2018)

68 N.Y.S.3d 441

2018 NY Slip Op 00077

CATHY PICHLER, Appellant, v. JOAN JACKSON, Respondent.

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

Decided January 4, 2018.

As tenants in common, the parties have a quasi-trust or fiduciary relation with regard to the property they commonly hold, supporting plaintiff's third cause of action for an accounting (see Minion v Warner, 238 N.Y. 413 [1924]; Thayer v Leggett, 229 N.Y. 152, 157-158 [1920]). Even absent any such common-law obligation, a statutory duty to account would exist, pursuant to RPAPL 1201, entitling plaintiff to recover...

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