Guo v. Mon-Chin Guo

In an action, in effect, pursuant to RPAPL 901 for the partition and sale of real property, the defendants appeal from an order of the Supreme Court, Nassau County (Janowitz, J.), entered September 2, 2014, which, upon determining that the plaintiff was entitled to partition, in effect, sua sponte, granted summary judgment to the plaintiff and referred the matter to a referee to ascertain the rights of the parties.

Ordered that on the Court’s own motion, the defendants’ notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it…