Piccirillo v. Friedman

—In an action pursuant to RPAPL 901 to partition real property, the defendant appeals from an order of the Supreme Court, Queens County (Price, J.), dated December 9, 1996, which granted the plaintiff’s motion to confirm the Referee’s report directing a sale of the property and awarding the parties a one-half share of the net proceeds of the sale.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

One who holds an interest in real property as a tenant-in-common may maintain an…