Benham v. Hein

— In a partition action, (1) plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered August 14, 1974, which, after a nonjury trial, dismissed the complaint and (2) defendants cross-appeal from said judgment insofar as it failed to determine the issue of ownership of the subject real property. Judgment modified, on the law and the facts, by adding thereto the following decretal provisions: "Ordered, adjudged and decreed that plaintiff’s motion, made at the trial, that he be added as a party in his individual capacity, is granted and the title is amended accordingly, and…