Appellate Division of the Supreme Court of the State of New York June 24, 2010 (Manganiello v. Lipman)

Order, Supreme Court, New York County (Richard F. Braun, J.), entered March 23, 2009, which, insofar as appealed from, as limited by the briefs, granted defendant’s cross motion for sum*668mary judgment dismissing the complaint and denied plaintiffs motion for summary judgment on his claims for partition and use and occupancy, unanimously modified, on the law, to the extent that defendant’s cross