Goergen v. Maar

2 A.D.2d 276, 153 N.Y.S.2d 826 (1956)

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Nature of the Case

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Facts

All the parties to this action were tenants in common of real property. One of the co-tenants (D) had possession of the property and had been collecting rent from it. Another of the co-tenants (P) sued for a partition of the property and sought to hold D liable for the rents collected, less amounts paid for taxes and other expenses. D asserted a statute of limitations defense which was rejected by the lower courts. D appeals.