Opinion
1288
June 3, 2003.
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered February 19, 2003, which, to the extent appealed from, denied plaintiff's motion for partial summary judgment directing partition and immediate sale of the subject property, unanimously affirmed, without costs.
Joseph H. Einstein, for plaintiff-appellant.
Michael Fahey, for defendant-respondent.
Before: Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.
The IAS court's denial of plaintiff's application for partition and immediate sale of the subject property was proper. Partition would be inappropriate in advance of a determination as to whether it would cause the owners "great prejudice" (see RPAPL § 901;Grossman v. Baker, 182 A.D.2d 1119), and prior to an accounting to determine the parties' respective interests in the property (see McVicker v. Sarma, 163 A.D.2d 721, 722; also see 24 N.Y. Jur 2d, Cotenancy and Partition, § 244, at 544).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.