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Property Keyed to Rabin
Kurpiel v. Kurpiel
Citation:Supreme Court, Special Term, Nassau County, Part I, 1966; 50 Misc.2d 604; 271 N.Y.S.2d 114
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On June 1, 1955, Plaintiff conveyed the subject property to his wife Defendant Jenny Kurpiel, his son, Defendant Edward Kurpiel, and himself as joint tenants, and not as tenants in common. Plaintiff later filed an action to partition the property. Defendants filed a cross-motion for judgment expressing that Plaintiff could not file a partition action because Defendants were awarded exclusive possession by a Family Court Order. Additionally, Defendants claimed that Plaintiff and Jenny Kurpiel held title to an undivided one-half interest as tenants by the entirety.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.