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Equity Search, Inc. v. Kao

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 2007
37 A.D.3d 1105 (N.Y. App. Div. 2007)

Opinion

No. CA 06-02427.

February 2, 2007.

Appeal from an order of the Supreme Court, Livingston County (Gerard J. Alonzo, Jr., A.J.), entered November 4, 2005 in an action pursuant to RPAPL article 9. The order granted in part defendant's motion for summary judgment.

COOK GAWRONSKI, P.C., BUFFALO (FREDERICK J. GAWRONSKI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

DAWSON VANDER WAL, LLP, GENESEO (DENNIS R. DAWSON OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present Hurlbutt, J.P., Martoche, Smith, Fahey and Peradotto, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court. We add only that, although partition actions are governed by RPAPL article 9, such actions also are "equitable in nature" ( Worthing v Cossar, 93 AD2d 515, 517; see McVicker v Sarma, 163 AD2d 721, 722). "It is axiomatic that in an action for partition the court may adjust the equities of the parties in determining the distribution of the sale proceeds" ( McVicker, 163 AD2d at 722), and we conclude that the court properly did so here.


Summaries of

Equity Search, Inc. v. Kao

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 2007
37 A.D.3d 1105 (N.Y. App. Div. 2007)
Case details for

Equity Search, Inc. v. Kao

Case Details

Full title:EQUITY SEARCH, INC., Appellant, v. BOPHA KAO, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 2007

Citations

37 A.D.3d 1105 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 838
827 N.Y.S.2d 908

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