SCHWARTZ v. MEISNER


198 A.D.2d 634 (1993)

603 N.Y.S.2d 626

Clara M. Schwartz et al., Appellants, v. Milton Meisner, Individually and as Executor of Hyman Meisner and Another, Deceased, et al., Respondents, et al., Defendant

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

November 10, 1993


Mercure, J.

Plaintiffs commenced this action pursuant to RPAPL article 9 for the partition of a 160-acre parcel (hereinafter the property) located in the Town of Greenport, Columbia County. The Referee appointed to ascertain whether the property had to be sold reported that an actual division could not be made without great prejudice to the parties because of their varying fractional interests, the property's dissimilar characteristics and the location...

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