LANG v. LANG

ORDERED that the interlocutory judgment is affirmed, with costs.

The Surrogate properly determined that the defendants failed to rebut the presumption that the plaintiff held an equal undivided one-half interest in the subject premises as tenant-in-common with the decedent (cf., Moran v. Thomas, 280 App. Div. 1037 ; Perrin v. Harrington, 146 App. Div. 292 ). Moreover, the Surrogate's determination that the decedent waived his right to seek contribution for the payment of taxes and insurance premiums in exchange for the plaintiff's implied waiver of her right to occupy the premises after she moved out sometime in 1975 is amply supported by the record, and the defendants were not entitled to an offset therefor (see, Jemzura v. Jemzura, 36 N.Y.2d 496 ).

The defendants' remaining contentions are without merit.

THOMPSON, J.P., S. MILLER, FLORIO, and SCHMIDT, JJ., concur.