Reisner v. Stoller

51 F. Supp. 2d 430 (1999)

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Reisner v. Stoller

United States District Court for the Southern District of New York
51 F. Supp. 2d 430 (1999)

JL

Facts

Ida Reisner (plaintiff), a widow, sold her home and moved with her two sons to White Plains, New York, where she became romantically involved with Michael Augello (defendant). Reisner sought to purchase a house with Augello, paid the down payment for the house, and moved into the house with her sons. Reisner paid for all of the house’s mortgage payments, taxes, utilities, expenses, and maintenance for the next 20 years, believing that she was the record owner of the house. In 1992, Reisner learned that her name was not on the deed, but nevertheless continued to make all required payments and live in the house. Legal proceedings over ownership ensued, including eviction proceedings instituted by Augello in 1998. The same year, Reisner brought a complaint for an equitable lien against Augello and others (defendants). The defendants moved to dismiss.

Rule of Law

Issue

Holding and Reasoning (Conner, J.)

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