Legal Question in Real Estate Law in New York

Delay of Patition Action

I recently became a defendant in a tenants in common patition action. As part of other 50% owner's action, he somehow got a TRO to prevent me from moving into one of the vacant apts. in the 2 family house in question. He claimed that he did not want me to live there citing past differences and harassment complaints. Subsequently, in the order to show cause hearing, another judge denied his request for a permanent injunction and I was able to move in the apt. directly below his. Not satisfied that he lost on this matter, he has since started banging on my ceiling every evening at 3 am and harassing me so that I sell him my share and leave. My question is, what, if anything can I do to remedy this situation without it escalating and getting out of control? The other owner is an elderly man who is set in his way and will not sell his share at all. The only thing his attorney will consider is to buy me out and nothing else. So far, the action was commenced in Nov. 2002 and the other owner has not moved on it. Is it possible that the partition action was just a ploy to convince the original judge to grant a TRO? Thanx in advance for your replies.


Asked on 5/07/03, 1:04 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Delay of Patition Action

A partition action seeks as the outcome the forced sale and division of the proceeds. If you don't mind taking one-half of the prceeds and walking away, all you need to do is consent to the entry of judgment in the action.

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Answered on 5/07/03, 6:28 pm


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