Ordered that the order and judgment is modified, on the law, by deleting the second decretal paragraph thereof which declared that the parties are tenants in common of certain property in Hollis, New York, and awarded the defendant summary judgment on the first cause of action, and substituting therefor a provision denying that relief; as so modified, the order and judgment is affirmed, without costs or disbursements.
Contrary to the plaintiff's contentions, the Supreme...
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