HITECH HOMES, LLC v. BURKE

5961 160469/15.

159 A.D.3d 489 (2018)

72 N.Y.S.3d 64

2018 NY Slip Op 01572

HITECH HOMES, LLC, Respondent, v. TANYA J. BURKE et al., Appellants.

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

Decided March 13, 2018.


The motion court correctly concluded, as a matter of law, that physical partition of the one-family dwelling co-owned by the parties — which has either four stories or three stories plus a basement, is approximately 17 feet wide and 50 feet long, is on a lot that is approximately 25 feet wide and 100 feet long, and has only one source for water and sewer service — could not be made without great prejudice to the owners (see Ferguson v McLoughlin,

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