Practice point: Partition is an equitable remedy and Supreme Court has the authority to adjust the parties’ rights so that each receives the proper share of the property and its benefits.
Practitioners should note that a tenant’s expenditures in excess
of tenant’s obligations may be charged against the cotenant’s interest. These expenditures include down payments and mortgage payments.
Case: Brady v. Varrone, NY Slip Op 06228 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Torts.
