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DAMAS v. BIGGS

5380N, 303874/07.

157 A.D.3d 454 (2018)

66 N.Y.S.3d 130

2018 NY Slip Op 00084

YESSENIA DAMAS, Respondent, v. WILLIAM J. BIGGS, Appellant, and NETHERLAND GARDENS CORP., Respondent, et al., Defendant.

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

Decided January 4, 2018.

Given that the parties could not reach a settlement agreement, and physical partition would cause great prejudice to both owners, the motion court correctly directed that the cooperative unit be sold and the proceeds divided (RPAPL 915; see Estate of Steingart v Hoffman, 33 A.D.3d 465, 466 [1st Dept 2006]). Shares to a cooperative unit may be partitioned under RPAPL article 9 (Chiang...

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