Alleyne v. Grant

In an action, inter alia, for the partition of real property, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Kramer, J.), dated August 2, 2006, as, after a nonjury trial, dismissed his counterclaim for the partition of property located at 954 East 101st Street Brooklyn, New York, and declared that the plaintiff was the sole owner of property located at 2074 East 54th Street, Brooklyn, New York.

Ordered that the judgment is reversed insofar as appealed *829from, on the facts and as a matter of discretion, with costs, and the matter is…