Igarashi v. Higashi

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered July 17, 2000, which, inter alia, granted defendant Shohaku Higashi’s motion to the extent of dismissing the consolidated complaints pursuant to CPLR 3211 (a) (1), unanimously modified, on the law and the facts, to deny the motion with respect to plaintiffs fifth cause of action in each of the consolidated complaints and to reinstate such cause in each of the consolidated complaints, with leave to plaintiff Yoshiharu Igarashi to amend the fifth cause of action in each complaint to seek a partition of the subject…