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Scott E. Mollen

Partition and Accounting Granted

A plaintiff commenced an action seeking a partition and an accounting. In May 2010, the plaintiff and the defendant had purchased a legal two-family home (property). They held the property as “joint tenants with each owning an undivided one-half interest.” The parties had encumbered the property with a mortgage in the amount of $370,000.

Until July 2016, the plaintiff had occupied part of the property. However, when the property was occupied by rent paying tenants, the defendant collected the rents. The defendant had never “accounted for or shared the rents collected with (plaintiff). Additionally, the defendant had allowed two daughters to occupy part of the property for years without the plaintiff’s consent and also had permitted other rent-paying tenants to occupy the property from time to time.

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