Lewis v. Jefferson

Appellate Division of the Supreme Court of New York

Lewis v. Jefferson

45 A.D.3d 814, 845 N.Y.S.2d 748

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

DecidedNovember 27, 2007

StatusPublished

This text of 45 A.D.3d 814 (Lewis v. Jefferson) 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

Lewis v. Jefferson, 45 A.D.3d 814, 845 N.Y.S.2d 748 (N.Y. Ct. App. 2007).

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Opinion

In an action, inter alia, for the partition of real property, the defendant La Tonya D. Jefferson appeals, as limited by her brief, from so much of (1) an order of the Supreme Court, Suffolk County (Whelan, J), dated March 15, 2006, as (a) granted the motion of the Referee to confirm the Referee’s report, dated September 9, 2005, issued after a hearing, (b) corrected a mathematical error in that report, and (c) determined that the plaintiff owed her the sum of only $668.75, and (2) an order of the same court entered August 11, 2006, as directed the recording of a deed transferring title to the subject property to the plaintiff individually.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The appellant was not entitled to a credit for payments made by the plaintiff in connection with the purchase of the subject property since she did not submit adequate proof that the payments were made with commingled funds belonging to both parties (see Goldberg v Goldberg, 204 AD2d 513 [1994]; Frater v Lavine, 229 AD2d 564 [1996]).

The appellant’s remaining contentions are without merit. Spolzino, J.P., Krausman, Carni and Dickerson, JJ., concur.

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In an action, inter alia, for the partition of real property, the defendant La Tonya D. Jefferson appeals, as limited by her brief, from so much of (1) an order of the Supreme Court, Suffolk County (Whelan, J), dated March 15, 2006, as (a) granted the motion of the Referee to confirm the Referee’s report, dated September 9, 2005, issued after a hearing, (b) corrected a mathematical error in that report, and (c) determined that the plaintiff owed her the sum of only $668.75, and (2) an order of the same court entered August 11, 2006, as directed the recording of a deed transferring title to the subject property to the plaintiff individually.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The appellant was not entitled to a credit for payments made by the plaintiff in connection with the purchase of the subject property since she did not submit adequate proof that the payments were made with commingled funds belonging to both parties (see Goldberg v Goldberg, 204 AD2d 513 [1994]; Frater v Lavine, 229 AD2d 564 [1996]).

The appellant’s remaining contentions are without merit. Spolzino, J.P., Krausman, Carni and Dickerson, JJ., concur.

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Bluebook (online)

45 A.D.3d 814, 845 N.Y.S.2d 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-jefferson-nyappdiv-2007.

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