Deitsch v. Fischer

In an action, inter alia, for partition of a parcel of real property, the defendant appeals, as limited by his brief, from so much of an order and interlocutory judgment of the Supreme Court, Kings County (G. Aronin, J.), dated February 5, 1996, as, after a nonjury trial, is in favor of the plaintiff and against him. By order dated December 30, 1996, this Court remitted the matter to the Supreme Court, Kings County, to hear and report on whether the defendant was properly served with the summons and complaint, and the appeal was held in abeyance in the interim. The Supreme Court has now filed…