Ryan v. Fitzsimmons

In an action for partition, plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered November 4, 1976, which, inter alia, denied his motion for summary judgment, granted respondent’s cross motion for summary judgment, and granted him leave to move for modification of respondent’s judgment of divorce so as to grant him the right to institute an action for partition. Order and judgment modified, on the law, by deleting the second decretal paragraph thereof. As so modified, order and judgment affirmed, with $50 costs and disbursements to…