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GAPIHAN v. HEMMINGS

510421.

80 A.D.3d 1138 (2011)

915 N.Y.S.2d 767

GRACE HEMMINGS GAPIHAN, Appellant, v. THOMAS H. HEMMINGS, Respondent, et al., Defendants. WILLIAM THOMPSON, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 27, 2011.

CARDONA, P.J.

Plaintiff and defendant Thomas H. Hemmings, as tenants in common, own an apartment building in Kings County. In December 2005, plaintiff commenced this RPAPL article 9 action seeking, among other things, partition of the property. Thereafter, plaintiff moved for summary judgment requesting that the property be sold. In September 2008, Supreme Court granted the motion to the extent of entering an interlocutory judgment pursuant to RPAPL 915 ruling that...

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