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SCHWARTZ v. MILTZ

60 A.D.3d 928 (2009)

874 N.Y.S.2d 815

WALTER SCHWARTZ, Appellant, v. MICHELLE FARKAS MILTZ, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 24, 2009.

Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

In August 2004 the plaintiff commenced the instant action for the partition and sale of real property. On a prior appeal in this action, this Court, inter alia, affirmed the Supreme Court's denial of the defendant's cross motion...

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