It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
We affirm for reasons stated in the decision at Supreme Court. We add only that, although partition actions are governed by RPAPL article 9, such actions also are "equitable in nature" (Worthing v Cossar,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.