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TUMINNO v. WAITE

1307 CA 18-00120.

173 A.D.3d 1698 (2019)

104 N.Y.S.3d 443

2019 NY Slip Op 04611

Cathy Tuminno, Respondent, v. Marjorie Waite, Respondent, and James Flagella, Appellant, et al., Defendants.

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

Decided June 7, 2019.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this action for, inter alia, the partition and sale of real property, defendant James Flagella appeals from an order that granted plaintiff's motion to, among other things, confirm the Referee's report of sale (report) insofar as it directs that the property be sold to defendant Marjorie Waite and reject the report insofar as it concludes that the sale of the...

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