A plaintiff commenced an action for partition and sale of real property, pursuant to Article 9 of the N.Y. Real Property Actions and Proceedings Law (RPAPL). The plaintiff moved for summary judgment granting the partition and sale and, if necessary, the “appointment of a referee to accomplish partition and sale and conduct in accounting with respect to proper distribution of the sale proceeds.” The court granted the plaintiff’s motion for summary judgment.

The parties were married in 2000 and divorced in 2009. They had entered into a “Separation and Settlement Agreement” (agreement). The agreement was incorporated by reference into a judgment (divorce judgment).

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