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MURRAYRAYEDEBBIE, LLC v. ROSENPHIL LLC

156640/17, 9442, 9441.

172 A.D.3d 615 (2019)

98 N.Y.S.3d 837

2019 NY Slip Op 04108

MurrayRayeDebbie, LLC, et al., Respondents, v. Rosenphil LLC, Appellant.

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

Decided May 28, 2019.

Plaintiffs established their prima facie case under RPAPL 901 (1) by establishing that (1) the parties own the building as tenants in common and (2) physical partition of the property would come at great prejudice to the owners (Ferguson v McLoughlin, 184 A.D.2d 294 [1st Dept 1992]). In opposition, defendant failed to raise an issue of fact or a viable affirmative defense based on an alleged deal between plaintiffs and the tenant...

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