In re the Estate of Violi

— In a partition action by the coadministrators of the defendant’s wife’s estate to recover one half of the proceeds from the sale of the marital residence, plaintiffs appeal, as limited by their brief, from so much of an order of the Surrogate’s Court, Richmond County (D’Arrigo, S.), dated April 12, 1983, as granted defendant’s motion for summary judgment, denied plaintiffs’ cross motion for summary judgment, and dismissed plaintiffs’ action. U Order reversed insofar as appealed from, on the law, with costs payable by respondent personally, defendant’s motion for summary judgment denied,…