The estate of a deceased woman may not sue her long-time domestic partner for half of the payments the deceased woman made toward the purchase and upkeep of their shared home, a unanimous panel of the Appellate Division, Second Department, has ruled.
According to the decision in Trotta v. Ollivier, 3083/09, the case marks the first time that any New York appellate court has considered whether the state’s Real Property Actions and Proceedings Law allows a deceased joint tenant to sue a surviving joint tenant for a share of purchase and upkeep costs.
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