If you speak to lawyers that handle Real Estate litigation, eventually everyone comes across a partition action. Richard Apat, Esq., of Pearlman, Apat, Futterman, Sirotkin & Seinfeld, LLP, has handled many of these cases.
Often times a case involves property that is left to two or more sibling and perhaps one or two of them are living in the property and want to keep the property while the other(s) who are out of possession and want to have it sold so they can get their inheritance. Rarely will you ever find one of these cases go to trial. However, with the passage of time these accounting issues can become complicated.
Richard Apat, Esq., recently had one of these cases go to trial involving a 2 family home owned by two brothers. After the last parent passed, one son was still living in the property with his family. After years of forbearance the out of possession brother commenced an action for partition and accounting.
What made this case particularly difficult was the fact that it was 1) a two family house 2) where work was done on the property after the parent passed 3) to improve the property as well as make it suitable for renting out the second apartment. Finally, 4) a loan was taken out on the property to do the work. All of these extenuating accounting issues and a dispute as to what work was necessary versus an unnecessary improvement (i.e. updated and renovated kitchen) is where the problems came into play.
Thankfully after presenting a brief opening statement and subpoenaing the defendant to testify (who appeared less than credible) and calling an expert witness on valuation, Mr. Apat was able to obtain a favorable settlement for his client. This case was tried in the Supreme Court, Nassau County before the Honorable Justice Denise Sher, March 2013.
While we handle many of these partition actions, we are always available to members of the bar for questions on these types of cases.
Mr. Apat who dedicates 100% of his practice to litigation including adverse possession, boundary disputes, easements, specific performance, partition actions, etc., can handle your Real Estate related litigation.