Eller v. Eller

In an action for the partition of certain real property, the defendant Hyala Eller appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Krausman, J.), entered July 3, 1989, as granted the plaintiff’s motion for partial summary judgment declaring that the plaintiff is entitled to partition, and appointing a Referee to ascertain the rights of the parties in the property. The notice of appeal from a decision dated March 24, 1989, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).

Ordered that the order is affirmed insofar as…