Lemcke v. Lemcke

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William E Polito, J., for Thomas A. Stander, J.), entered April 1, 2004. The order and judgment granted in part and denied in part the motion of plaintiff for a judgment confirming the accounting and the distribution of the proceeds from the sale of the partitioned property.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied in its entirety.

Memorandum:

Plaintiff commenced this real…