Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Mario Cermele and Valerie Cermele and to appoint a Referee pursuant to RPAPL 1321 are granted, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.
The proponent of a summary judgment motion...
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