Ordered that the order is reversed, on the law, with one bill of costs, the motion is denied, the complaint is reinstated, and the cross motion is granted.
The plaintiff commenced this action for partition and sale of real property alleging that the parties owned the property as tenants in common. The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (1), (3), and (7) contending that a partition action could not be maintained because the property...
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