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ZUCKER v. BERNSTEIN

2021-03783. Index No. 702301/20.

202 A.D.3d 1147 (2022)

159 N.Y.S.3d 916

2022 NY Slip Op 01203

Saul Zucker, Respondent, v. Sylvia Bernstein, Appellant.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Miller Law Offices, PLLC, Lynbrook, NY ( Scott J. Farrell and Jeffrey H. Miller of counsel), for appellant.

Avi Rosenfeld , Lawrence, NY, for respondent.

Duffy, J.P., Chambers, Roman and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

When this action was commenced, the plaintiff, Saul Zucker, and the defendant, Sylvia Bernstein, owned real property in Far Rockaway as tenants in common. Prior to the commencement of this action, the plaintiff's father occupied a portion of the premises, using it as an office for his medical practice, and the defendant resided in the other portion of the premises. In January 2019, the defendant...

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