In Arata v. Behling , Jeffry Arata wanted to sell property he owned with Deborah Behling.
Originally, Arata's father and Behling owned the parcel as "joint tenants," but severed the arrangement when he conveyed his property interest to Arata and thus created a "tenancy-in-common" between Arata and Behling.
After Arata filed suit in Suffolk County Supreme Court seeking the property's sale, and asked the court to decide in his favor, that request was denied.
On appeal, the Appellate Division, Second Department, agreed with the court below. Although Arata could seek the property's sale, that right wasn't absolute. There was a question as to whether a sale would be "inequitable" and would prejudice Behling's interest.
Bet Arata wasn't buying that.
To download a copy of the Appellate Division's decision, please use this link: Arata v. Behling