Judge Scott Fairgrieve

 

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Petitioner Taj, co-owner of the subject premises with his brother, Irfan, sought possession of the premises and to evict respondent, Bashir–Irfan’s wife. Bashir moved for dismissal of the petition arguing the premises were subject to equitable distribution in the pending divorce between her and Irfan. She claimed the premises were bought with significant contributions from herself and her family, providing copies of checks of $30,000 to support such contention. Bashir was previously granted exclusive use and occupancy of the premises in the divorce action but a stay of this proceeding was denied. She alleged Taj was added as a co-owner on the house as Irfan didn’t have the income to buy it without Taj’s assistance. Taj argued Irfan had not lived at the premises for several years and he had no duty to support her as she has not paid any costs associated with the premises. The court found a stay of this summary proceeding was warranted due to the pending Nassau County divorce action between Bashir and Irfan. Pending a resolution of such action as evidence showed the premises may constitute marital property subject to equitable distribution and Bashir and her son were living at the premises.