Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the determination in the order dated November 12, 2008, denying the defendant's motion for summary judgment dismissing the complaint is adhered to.
By deed dated November 20, 1996, the plaintiff and his brother-in-law, the defendant, purchased real property located in Rocky Point, New York. Pursuant to a subsequent deed dated January 16, 1998, recorded in the...
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