JAMES v. BRANDT


144 Misc.2d 190 (1989)

Juanita James et al., Plaintiffs, v. Lora L. Brandt, Defendant.

Supreme Court, Bronx County.

July 6, 1989


Attorney(s) appearing for the Case

Jonathan Roller for plaintiffs.


LEWIS R. FRIEDMAN, J.

The plaintiffs, two of the three owners of a parcel of real property, seek partition. This ex parte application requests the appointment of a Referee to determine the rights of the parties. The case raises a serious question as to the meaning of the recent amendment to CPLR 308 (2)1 (L 1987, ch 115) and its relation to CPLR 306(a). Apparently, the issue has...

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