Mark Family Realty, LLC v. Sanko

Order, Supreme Court, New York County (Paul Wooten, J.), entered April 18, 2015, which, insofar as appealed from as limited by the briefs, denied plaintiffs motion for summary judgment dismissing defendant’s counterclaim for partition and sale, and granted defendant’s motion for partial summary judgment to the extent of declaring that his right to seek partition had been established and referring the matter to a special referee, unanimously affirmed, with costs.

We decline to dismiss plaintiff’s appeal on the ground that it failed to assemble a proper appendix; defendant moved neither to…