In Marino v. Termini , Joseph Marino was one of three owners-of-record of a piece of property when the partnership split up in June of 2000, and a court directed the property be sold and the net proceeds distributed.
In October 2001, the property was sold to David Safenia (in accordance with the court's order) and, in June 2002, Safenia sold the property to Jousiph Al-Kadeh and Lillian Lati.
Marino contended that he still had a one-third interest in the property because he never authorized his representative to sign the deed nor received his share of the sale's proceeds.
The Kings County Supreme Court found Al-Kadeh and Lati to be the property's rightful owners and that Marino didn't retain a one-third interest. It concluded that Marino's claims were barred because they had been determined in the partnership dispute.
Interestingly, on appeal, the Appellate Division, Second Department, didn't think the issues argued by Marino were identical to those raised in the partnership litigation. Nevertheless, the AD2 affirmed the case's outcome because Al-Kadeh and Lati were "bona fide purchasers for value," and Safenia purchased the property in good faith without notice of Marino's claims.
Termini terminated that.
To download a copy of the Appellate Division's decision, please use this link: Marino v. Termini