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McINTOSH v. McINTOSH

58 A.D.3d 814 (2009)

872 N.Y.S.2d 490

LILLETH McINTOSH, Appellant, v. WINSTON McINTOSH, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

January 27, 2009.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

A tenant in common "has the right to take and occupy the whole of the premises and preserve them from waste or injury, so long as he or she does not interfere with the right of [the other tenant] to also occupy the premises" (Jemzura v Jemzura, 36 N.Y.2d 496, 503 [1975]). Mere occupancy alone by one of the tenants does not make...

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