Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court was correct in denying defendant's summary judgment motion seeking an interlocutory judgment of partition and sale. Although the right to partition is governed by statute (RPAPL 901 et seq.), and is absolute in the absence of countervailing conditions (Chew v Sheldon, 214 N.Y. 344; Wood v Fleet, 36 N.Y. 499; see generally...
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