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[*1]


Decided on April 5, 2010
Supreme Court, Queens County

28744/08 Duane A. Hart, J.
The relief plaintiff seeks in this summary judgment are:
-a declaration that she and Defendant Cooney are joint tenants with rights of suvivorship in the

premises at issue;
-partition and sale of the premises in question at the direction of the court
-an accounting between the parties to determine the amounts spent on mortgage payments, insurance and other expenses related to the upkeep and maintenance of the property with these amounts being paid from the proceeds of the sale.
-that any funds remaining from the proceeds be divided equally between the parties.
-if there is a sale, that any person or entity claiming through or under any of the parties [*2]herein be forever barred from seeking any right or title or interest in the property once the conveyance is made.
Plaintiff's request for relief stems from her relationship with Thomas Cooney, deceased, who was Defendant Cooney's brother. Plaintiff had been, for some time, including the time of this transaction, decedent's fianc

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