Tsoukas v. Tsoukas

In an action for the partition and sale of real property, the plaintiff appeals from an order of the Supreme Court, Richmond County (Fusco, J.), dated April 10, 2012, which denied his motion, inter alia, for summary judgment on the complaint.

*880Ordered that the order is affirmed, with costs.

“A person holding and in possession of real property as joint tenant or tenant in common, in which he [or she] has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a partition cannot be made without great prejudice…