Gapihan v. Hemmings

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Knipel, J.), entered February 3, 2010 in Kings County, which, among other things, partially granted the referee’s motion for leave to alter the method of conducting the sale of certain real property.

Elaintiff and defendant Thomas H. Hemmings, as tenants in common, own an apartment building in Kings County. In December 2005, plaintiff commenced this REAEL article 9 action seeking, among other things, partition of the property. Thereafter, plaintiff moved for summary…