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FIRST MAJESTIC SILVER CORP. v. HEITZ

158792/18. Appeal No. 16294. Case No. 2022-02147.

208 A.D.3d 1130 (2022)

174 N.Y.S.3d 574

2022 NY Slip Op 05371

First Majestic Silver Corp., Respondent, v. Juan Manuel Davila Heitz et al., Appellants.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Borg Law LLP, New York ( Jonathan M. Borg of counsel), for appellants.

Bronster LLP, New York ( Don Abraham of counsel), for respondent.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

The motion court properly denied the portion of defendants' motion seeking dismissal of plaintiff's claim for an accounting of the rents and profits for defendants' use of the condominium. Defendants are correct that "a tenant in common has the right to take and occupy the whole of the premises and preserve them from waste or injury ... so long as he ... does not ... exclude the other cotenants from the exercise of similar rights...

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