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AN ACCOUNTING WAS REQUIRED IN THIS PARTITION ACTION BETWEEN JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP (SECOND DEPT).

The Second Department, reversing Supreme Court, determined that an accounting was required in this action for partition by joint tenants with the right of survivorship:

“Under New York law, joint tenancies may be severed by the court-ordered partition of the property that adjusts the rights of the parties and permits its sale if it appears that a partition cannot be made without great prejudice to the owners” … . ” [P]artition is an equitable remedy in nature and [the] Supreme Court has the authority to adjust the rights of the parties so each receives his or her proper share of the property and its benefits'” … . Further, “because a partition action is equitable in nature, an accounting is a necessary incident thereto” … . In light of the parties’ dispute as to their respective entitlements to the proceeds from the sale of the property, an accounting is necessary to determine the parties’ respective interests in the property … . Further, insofar as the defendant does not dispute that the court should direct a partition and sale of the property, and since “an accounting is a necessary incident thereto” … , the defendant failed to raise a triable issue of fact in opposition to the plaintiff’s prima facie showing on his causes of action for an accounting and a partition and sale of the property … . Khotylev v Spektor, 2018 NY Slip Op 07112, Second Dept 10-24-18

REAL PROPERTY LAW (PARTITION, AN ACCOUNTING WAS REQUIRED IN THIS PARTITION ACTION BETWEEN JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP (SECOND DEPT))/REAL PROPERTY ACTIONS AND PROCEEDINGS LAW (RPAPL) (PARTITION, AN ACCOUNTING WAS REQUIRED IN THIS PARTITION ACTION BETWEEN JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP (SECOND DEPT))/PARTITION (AN ACCOUNTING WAS REQUIRED IN THIS PARTITION ACTION BETWEEN JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP (SECOND DEPT))/JOINT TENANTS (PARTITION, AN ACCOUNTING WAS REQUIRED IN THIS PARTITION ACTION BETWEEN JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP (SECOND DEPT))/ACCOUNTING (PARTITION, AN ACCOUNTING WAS REQUIRED IN THIS PARTITION ACTION BETWEEN JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP (SECOND DEPT))

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