TROUTMAN v. WASHBURN


197 A.D.2d 876 (1993)

602 N.Y.S.2d 476

Raymond Troutman, Appellant, v. Roger Washburn, Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Order unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action seeking partition of certain real property nominally owned by plaintiff and defendant by virtue of a May 15, 1989 deed. Plaintiff appeals from two orders, one denying plaintiff's motion for summary judgment, and one excluding plaintiff from a pretrial examination of defendant.

There are triable questions of fact warranting the denial of plaintiff's motion for summary...

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