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Real Property Law
Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim
Pini v. Marini NYLJ 9/13/18, p. 22., col. 5 AppDiv, Second Dept. (memorandum opinion)
In a partition action, both co-tenants appealed from Supreme Court's order denying their respective summary judgment motions. The Appellate Division affirmed denial of defendant's summary judgment motion and reversed denial of plaintiff's summary judgment motion, holding that plaintiff co-tenant had established his ownership interest in the parcel and, therefore, his right to partition.
Plaintiff and defendant co-tenant are brothers-in-law who purchased the subject parcel, located in Queens, in 1970 and used it for business purposes. In 1992, they severed their business relationship and plaintiff co-tenant agreed to sell all his stock in four corporations to defendant. Plaintiff co-tenant continued working on the subject lot until 1994, when he went on disability. In 2002, the parties entered into a settlement agreement with respect to a different parcel of property in Suffolk County. Then, in 2013, plaintiff co-tenant brought this partition action. Defendant co-tenant resisted, contending that he had acquired full title to the parcel, either by the terms of the 2002 agreement or by adverse possession. Defendant co-tenant also alleged that the 1992 agreement obligated plaintiff co-tenant to transfer the property to him. Supreme Court denied the parties' respective summary judgment motions, and both parties appealed.
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