Rosasco v. Cella

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about February 20, 2014, which, inter alia, granted plaintiffs’ motion for partition and sale of the subject property, and ordered that the proceeds be held in escrow pending final resolution of the proceeding in Surrogate’s Court, unanimously affirmed, without costs.

The motion was properly granted as plaintiffs showed their ownership interest in the property at issue, and that it would be prejudicial to physically divide it (see RPAPL 901; Manganiello v Lipman, 74 AD3d 667, 668 [1st Dept 2010]). Because the…