Appellate Division of the Supreme Court of the State of New York January 26, 1970 (Fabel v. Fabel)

In an action (1) for determination of claims adverse to plaintiff’s claim of title to certain real property and (2) for partition, defendants appeal from an order of the Supreme Court, Suffolk County, entered February 17, 1969, which (a) denied their motion to open their default in pleading and (b) appointed a referee in partition.