Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.
The plaintiff and the defendant Chandradat Ramnarain (hereinafter the defendant) are brothers who own certain real property as tenants-in-common. The plaintiff commenced this action, inter alia, for partition of the property. After extensive litigation, the property was sold at auction. The plaintiff was the high bidder. The terms of the sale provided...
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