459 WASH. AVE., LLC v. ATKINS

2022-06970. Index No. 522388/19.

230 A.D.3d 1282 (2024)

219 N.Y.S.3d 133

2024 NY Slip Op 04538

459 Washington Avenue, LLC, et al., Respondents, v. Ekoyo Atkins, Appellant.

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

Decided September 25, 2024.


Attorney(s) appearing for the Case

Tarter Krinsky & Drogin LLP, New York, NY (Brian J. Markowitz of counsel), for appellant.

The Price Law Firm, LLC, New York, NY (Joshua C. Price of counsel), for respondents.

Brathwaite Nelson, J.P., Maltese, Voutsinas and Love, JJ., concur.


In an action, inter alia, for the partition and sale of real property, the defendant appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated July 21, 2022. The order granted the plaintiffs' motion for summary judgment on the complaint and dismissing the defendant's counterclaims and affirmative defenses, appointed a referee to determine, among other things, whether the property could be partitioned, and, in effect, denied the defendant's request...

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