Parker v. Ollivierre

In an action, inter alia, for the partition and sale of real property, the defendant Lawrence Ollivierre appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated April 18, 2008, as granted the plaintiff’s motion for summary judgment and denied that branch of his renewed cross motion which was pursuant to CPLR 3126 to strike the complaint and, in effect, denied the alternative branch of his cross motion which was to compel the further deposition of the plaintiff under the supervision of a referee, and (2) from an interlocutory…