Ffrench v. Wynter

Appellate Division of the Supreme Court of New York

Ffrench v. Wynter

94 A.D.2d 695, 463 N.Y.S.2d 388, 1983 N.Y. App. Div. LEXIS 18120

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 1983

StatusPublished

This text of 94 A.D.2d 695 (Ffrench v. Wynter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ffrench v. Wynter, 94 A.D.2d 695, 463 N.Y.S.2d 388, 1983 N.Y. App. Div. LEXIS 18120 (N.Y. Ct. App. 1983).

Pincite

Opinion

— In an action for partition and sale of real property, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Rader, J.), dated October 1, 1981, which granted defendant’s motion to confirm a referee’s report of sale and denied plaintiff’s cross motion to disaffirm that report and to vacate the sale. Order reversed, without costs or disbursements, and matter remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith. On the facts of this case, it was an improvident exercise of discretion to grant the defendant’s motion to confirm the referee’s report of sale of the property formerly owned by the parties as tenants by the entirety, and to deny the plaintiff’s cross motion to disaffirm that report and to vacate the sale, without a hearing. Thompson, J. P., O’Connor, Brown and Rubin, JJ., concur.

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— In an action for partition and sale of real property, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Rader, J.), dated October 1, 1981, which granted defendant’s motion to confirm a referee’s report of sale and denied plaintiff’s cross motion to disaffirm that report and to vacate the sale. Order reversed, without costs or disbursements, and matter remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith. On the facts of this case, it was an improvident exercise of discretion to grant the defendant’s motion to confirm the referee’s report of sale of the property formerly owned by the parties as tenants by the entirety, and to deny the plaintiff’s cross motion to disaffirm that report and to vacate the sale, without a hearing. Thompson, J. P., O’Connor, Brown and Rubin, JJ., concur.

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Bluebook (online)

94 A.D.2d 695, 463 N.Y.S.2d 388, 1983 N.Y. App. Div. LEXIS 18120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ffrench-v-wynter-nyappdiv-1983.