Ordered that the order is reversed, on the law, with costs, the motion is granted, and so much of the order dated December 6, 2004, as, in effect, awarded judgment as a matter of law in favor of the plaintiff and against the defendant Ruth McGuire on the first cause of action to the extent of declaring that the plaintiff is the owner of an undivided one-half interest in the subject cooperative apartment is vacated.
The plaintiff, Muriel McGuire, commenced this action...
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