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169 MLS REALTY CORP. v. ONE 69 SKILL CORP.

2019-04999. Index No. 21334/12.

197 A.D.3d 1079 (2021)

153 N.Y.S.3d 505

2021 NY Slip Op 04898

169 MLS Realty Corp., Plaintiff, and Louis A. Anginone et al., Appellants, v. One 69 Skill Corporation, Respondent, et al., Defendants.

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

John M. Daly , Yonkers, NY ( Mitchell Gittin of counsel), for appellants.

Ginsburg & Misk, LLP, Queens Village, NY ( Christopher Ryan Clarke of counsel), for respondent.

Rivera, J.P., Duffy, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff 169 MLS Realty Corporation commenced this action against, among others, the defendant One 69 Skill Corporation (hereinafter the defendant), seeking, inter alia, a judgment declaring that it is a tenant in common to an undivided 25% interest in a certain three-family dwelling located in Brooklyn and for partition of that property. Louis A.

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