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Reisner v. Stoller

United States District Court for the Southern District of New York

51 F. Supp. 2d 430 (1999)

Relevant factsFree

Ida Reisner (plaintiff), a widow, became romantically involved with Michael Augello (defendant) and agreed to buy a house with him, paying the down payment and moving in with her sons. Over the next 20 years Reisner paid the mortgage, taxes, utilities, and upkeep on the house, believing she was a co-owner. In 1992 she learned her name was never added to the deed but kept paying anyway. Years later Augello began eviction proceedings against her, and Reisner sued for an equitable lien on the property; Augello and other defendants moved to dismiss.

IssueFree

Whether an equitable lien on real property exists where a party in a confidential relationship with the record owner makes payments toward the purchase price, mortgage, or improvements under circumstances that would entitle the party to restitution.

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