Ramnarain v. Ramnarain

In an action, inter alia, for the partition of real property, the *395plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated September 20, 2004, as granted the cross motion of the defendant Chandradat Ramnarain to hold the plaintiff in default of the terms of a sale of the property and to direct that the property be resold.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.

The plaintiff and the defendant Chandradat Ramnarain (hereinafter the defendant) are…