Julia Vlcek, Also Known as Julia Vlckova, et al., Appellants, v. Matilda Vlcek et al., Respondents, 42 A.D.2d 308

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Summary

The partitioners brought an action against defendant property owners seeking to partition land. The trial court entered judgment in favor of the partitioners for $ 585, that amount being one half of the principal payments on the mortgage paid by one property owner and the original owner prior to the original owner's death. On appeal by the partitioners, the court reversed the judgment and remitted the matter for further proceedings. The court agreed with the trial court that the property owner had owned the property with the deceased original owner as tenants in common. However, the trial court, in making an award to the partitioners, misconstrued N.Y. Real Prop. Acts. Law § 943, which was applicable only when there had been an actual physical partition of the property, and which was not strictly proportionate to the conflicting equities and mandated a payment to equalize the situation of the parties. No partition had been accomplished, and therefore § 943 was not applicable. The case ...