That order was superseded by the order made upon reargument. Order entered September 17, 1975 reversed insofar as appealed from, on the law and the facts, the motion to confirm the Referee's report and for an interlocutory judgment of partition granted; and action remanded to Special Term for further proceedings not inconsistent herewith.
Plaintiff is awarded one bill of costs to cover both appeals. We believe that the determination of the Referee, wherein he implicitly...
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