Ordered that the order and interlocutory judgment is reversed, on the law, with costs, the defendant's motion for summary judgment on his fifth counterclaim is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to RPAPL article 9.
In 2006, the parties purchased certain real property in Brooklyn as joint tenants with right of survivorship. In 2012, the plaintiff commenced this action for partition and sale. The defendant...
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