Marone v. Marone

Appellate Division of the Supreme Court of New York

Marone v. Marone

2017 NY Slip Op 4109, 150 A.D.3d 1097, 52 N.Y.S.3d 661

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

DecidedMay 24, 2017

Docket2015-11327

StatusPublished

This text of 2017 NY Slip Op 4109 (Marone v. Marone) 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

Marone v. Marone, 2017 NY Slip Op 4109, 150 A.D.3d 1097, 52 N.Y.S.3d 661 (N.Y. Ct. App. 2017).

Pincite

Opinion

In an action pursuant to RPAPL article 9 to partition real property, the defendant appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated October 6, 2015, which granted the plaintiff’s motion for an award of an attorney’s fee in the sum of $6,000, payable from the net proceeds of the sale of the real property.

Ordered that the order is affirmed, without costs or disbursements.

“[P]artition, although statutory (see RPAPL art 9), is equitable in nature, and the court may compel the parties to do equity between themselves when adjusting the distribution of the proceeds of a sale” (Koniosis v Tsororos, 83 AD3d 665, 668 [2011]). In this case, the attorney’s fee award in the sum of $6,000, payable from the net proceeds of the sale of the real property at issue, was equitable and reasonable.

Dillon, J.P., Leventhal, Miller and Brathwaite Nelson, JJ., concur.

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In an action pursuant to RPAPL article 9 to partition real property, the defendant appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated October 6, 2015, which granted the plaintiff’s motion for an award of an attorney’s fee in the sum of $6,000, payable from the net proceeds of the sale of the real property.

Ordered that the order is affirmed, without costs or disbursements.

“[P]artition, although statutory (see RPAPL art 9), is equitable in nature, and the court may compel the parties to do equity between themselves when adjusting the distribution of the proceeds of a sale” (Koniosis v Tsororos, 83 AD3d 665, 668 [2011]). In this case, the attorney’s fee award in the sum of $6,000, payable from the net proceeds of the sale of the real property at issue, was equitable and reasonable.

Dillon, J.P., Leventhal, Miller and Brathwaite Nelson, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 4109, 150 A.D.3d 1097, 52 N.Y.S.3d 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marone-v-marone-nyappdiv-2017.

Opinion

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