Russo Realty Corp. v. Katz

In an action to partition real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated June 23, 1993, which denied its motion for summary judgment; for dismissal of the first, second, and fourth affirmative defenses and the first and second counterclaims; and for the appointment of a Referee.

Ordered that the order is modified by deleting the provisions thereof denying the branches of the plaintiffs motion which were for summary judgment and for dismissal of the first, second, and fourth affirmative defenses and the first counterclaim and…