MARK FAMILY REALTY, LLC v. SANKO

195, 105924/11.

136 A.D.3d 500 (2016)

25 N.Y.S.3d 164

2016 NY Slip Op 01046

MARK FAMILY REALTY, LLC, Appellant, v. ANTON SANKO, Respondent. MARY BURNETTE, Third-Party Plaintiff-Respondent, v. IRA MARK et al., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 11, 2016.


Order, Supreme Court, New York County (Paul Wooten, J.), entered April 18, 2015, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for summary judgment dismissing defendant's counterclaim for partition and sale, and granted defendant's motion for partial summary judgment to the extent of declaring that his right to seek partition had been established and referring the matter to a special referee, unanimously affirmed, with costs.

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