Ordered that the judgment is affirmed, with costs.
The plaintiff brought this action for partition and sale of commercial property that he and the defendants owned as tenants in common. The defendants answered by requesting partition. In 1999 during the pendency of the trial before a judicial hearing officer (hereinafter the JHO), the parties leased the subject property to a tenant for a term of seven years. Upon being notified of the new lease, the JHO stated that...
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