Cook v. Petito

Appellate Division of the Supreme Court of New York

Cook v. Petito

208 A.D.2d 886, 619 N.Y.S.2d 571

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1994

StatusPublished

Cited by4 cases

This text of 208 A.D.2d 886 (Cook v. Petito) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Petito, 208 A.D.2d 886, 619 N.Y.S.2d 571 (N.Y. Ct. App. 1994).

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Opinion

In an action for the partition and sale of a certain piece of real property, the defendants Linda Petito and the estate of Salvatore Petito appeal from a judgment of the Supreme Court, Nassau County (Saladino, J.), dated July 15, 1993, which directed the partition and sale of the property.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

"A partition action, although statutory, is equitable in nature and the court could compel the parties to do equity between themselves when adjusting the distribution of the proceeds of sale” (Oliva v Oliva, 136 AD2d 611, 612). In this case, the Supreme Court did not improvidently exercise its discretion in concluding that the parties’ claims for rent, use and occupancy of the premises, improvements, repairs, taxes, and mortgage payments offset one another and should not be factored into the distribution of the net proceeds of the sale of the property. Sullivan, J. P., Rosenblatt, Altman, Hart and Freidmann, JJ., concur.

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In an action for the partition and sale of a certain piece of real property, the defendants Linda Petito and the estate of Salvatore Petito appeal from a judgment of the Supreme Court, Nassau County (Saladino, J.), dated July 15, 1993, which directed the partition and sale of the property.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

"A partition action, although statutory, is equitable in nature and the court could compel the parties to do equity between themselves when adjusting the distribution of the proceeds of sale” (Oliva v Oliva, 136 AD2d 611, 612). In this case, the Supreme Court did not improvidently exercise its discretion in concluding that the parties’ claims for rent, use and occupancy of the premises, improvements, repairs, taxes, and mortgage payments offset one another and should not be factored into the distribution of the net proceeds of the sale of the property. Sullivan, J. P., Rosenblatt, Altman, Hart and Freidmann, JJ., concur.

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Bluebook (online)

208 A.D.2d 886, 619 N.Y.S.2d 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-petito-nyappdiv-1994.

Opinion

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