Rosvold v. Rosvold

In an action, inter alia, for the partition and sale of certain real property pursuant to RFAPL article 9, the plaintiffs appeal (1) from an order of the Supreme Court, Westchester County (Nastasi, J.), entered September 30, 2004, which denied their motion for summary judgment and, sua sponte, in effect, declined to exercise its jurisdiction and dismissed the action, and (2), as limited by their brief, from so much of an order of the same court, entered March 21, 2005, as denied that branch of their motion which was for leave to reargue and, upon granting renewal, adhered to its original…