Ordered that the order is affirmed, without costs or disbursements.
The plaintiff commenced this action seeking the partition and sale of certain real property. The plaintiff alleged that the property had been owned by James and Phyllis Giles (hereinafter together the Gileses), who were deceased. The plaintiff alleged that the defendant and the defendant's brother were the Gileses' children and "the two ... heirs-at-law" of the Gileses' respective estates. The plaintiff...
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