Towpash v. Towpash

— In an action for partition of certain real property, the plaintiff husband appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated October 3, 1984, which denied his motion for summary judgment and referred to the trial court the defendant wife’s cross motion to compel compliance with an alleged stipulation of settlement.

Order reversed, without costs or disbursements, motion granted, cross motion denied, and matter remitted to the Supreme Court, Kings County, for further proceedings to determine the relief to be afforded to the plaintiff, which relief shall be…