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GUO v. GUO

2014-11098, Index No. 7924/12.

137 A.D.3d 974 (2016)

27 N.Y.S.3d 201

2016 NY Slip Op 01806

JACOB GUO, Respondent, v. MON-CHIN GUO, et al., Appellants.

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

Decided March 16, 2016.

Ordered that on the Court's own motion, the defendants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and thereafter a determination as to whether the plaintiff is entitled to partition and/or sale of the subject property.

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