Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
On February 23, 1983, the plaintiff Ernest Augustus, Jr., and his brother-in-law Latchu Mahadeo acquired title to a multiple dwelling in Brooklyn as tenants in common. Five years later, the plaintiff commenced this action for partition of the subject...
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