Galitskaya v. Presman
Cases that cite this one
1 later published case cites this decision.
- Matter of Dinger (Appellate Division of the Supreme Court of New York 2017)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
“A person holding and in possession of real property as joint tenant or tenant in common, in which he [or she] has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a partition cannot be made without great prejudice to the owners” (RPAPL 901 [1]).
The plaintiff made a prima facie showing of her entitlement to judgment as a matter of law (see Cadle Co. v Calcador, 85 AD3d 700, 702 [2011]; Arata v Behling, 57 AD3d 925, 926 [2008]; James v James, 52 AD3d 474 [2008]). The plaintiff demonstrated her ownership and the right to possession of the subject cooperative apartment through, inter alia, a stock certificate issued in the names of her and the defendant. In addition, the plaintiff demonstrated that the equities are in her favor (see Donlon v Diamico, 33 AD3d 841, 842 [2006]; Ripp v Ripp, 38 AD2d 65, 68-69 [1971], affd 32 NY2d 755 [1973]). The plaintiff farther established, prima facie, that a partition of the property cannot be made without great prejudice to the owners (see Cadle Co. v Calcador, 85 AD3d at 702; Donlon v Diamico, 33 AD3d at 842). In opposition, the defendant failed to raise a triable issue
Case-law data current through December 31, 2025. Source: CourtListener bulk data.