Yancey v. Yancey

Appellate Division of the Supreme Court of New York

Yancey v. Yancey

52 A.D.2d 603, 382 N.Y.S.2d 109, 1976 N.Y. App. Div. LEXIS 12216

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

DecidedApril 12, 1976

StatusPublished

Cited by1 cases

This text of 52 A.D.2d 603 (Yancey v. Yancey) 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

Yancey v. Yancey, 52 A.D.2d 603, 382 N.Y.S.2d 109, 1976 N.Y. App. Div. LEXIS 12216 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a partition action, defendant appeals from so much of an interlocutory judgment of the Supreme Court, Nassau County, dated August 11, 1975, as modified the Referee’s report by crediting plaintiff with the reasonable rental value of defendant’s occupancy [604]*604of the premises during the time he was in sole possession thereof up to the time of the divorce. Interlocutory judgment affirmed insofar as appealed from, with costs. Generally, in an action for partition, the court may require the parties to do equity as between themselves. On the facts in the present case, it was within the power of Special Term to offset, as against defendant’s credit for expenses incurred in maintaining the property, the reasonable value of his use and occupancy thereof (see Ann 51 ALR2d 388, 395-396). Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Hawkins, JJ., concur.

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In a partition action, defendant appeals from so much of an interlocutory judgment of the Supreme Court, Nassau County, dated August 11, 1975, as modified the Referee’s report by crediting plaintiff with the reasonable rental value of defendant’s occupancy [604]*604of the premises during the time he was in sole possession thereof up to the time of the divorce. Interlocutory judgment affirmed insofar as appealed from, with costs. Generally, in an action for partition, the court may require the parties to do equity as between themselves. On the facts in the present case, it was within the power of Special Term to offset, as against defendant’s credit for expenses incurred in maintaining the property, the reasonable value of his use and occupancy thereof (see Ann 51 ALR2d 388, 395-396). Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Hawkins, JJ., concur.

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Bluebook (online)

52 A.D.2d 603, 382 N.Y.S.2d 109, 1976 N.Y. App. Div. LEXIS 12216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yancey-v-yancey-nyappdiv-1976.

Opinion

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