Deitsch v. Fischer

—In an action, inter alia, for partition of a parcel of real property, the defendant appeals, as limited by his brief, from so much of an order and interlocutory judgment (one paper) of the Supreme Court, Kings County (G. Aronin, J.), dated February 5, 1996, as denied his request for a hearing on the issue of whether he was properly served with the summons and complaint.

Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report whether the defendant was properly served with the summons and complaint, and the appeal is held in abeyance in the interim. The…