Yew Prospect, LLC v. Szulman

—In an action for partition and sale of real property, the plaintiff and the nonparty, Robert N. Zausmer, as executor of the estate of Morris L. Zausmer, appeal from an order of the Supreme Court, Nassau County (Mahon, J.), dated February 11, 2002, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), (3), and (7), and denied, as academic, their cross motion for leave to Robert N. Zausmer, as executor of the estate of Morris L. Zausmer, to intervene and be joined as an additional plaintiff.

Ordered that the order is reversed, on the law, with one bill of…