Gralicer v. Johnstone

In an action, inter alia, for the partition of real property, the defendant appeals from a judgment of the Supreme Court, Rockland County (Kelly, J.), entered June 9, 1987, which, upon an order of the same court, entered March 6, 1987, confirming a report of a Referee, dated September 8, 1986, is in favor of the plaintiff and against her in the principal sum of $26,233.16 (representing $21,774.60 for the use and occupancy of the property and $4,458.56 for reimbursement for mortgage payments). The notice of appeal from the order is deemed a premature notice of appeal from the judgment (CPLR…