Fleming v. Lundy , 156 A.D.2d 966 ( 1989 )

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with same memorandum as in Fleming v Lundy ([appeal No. 2] 156 AD2d 965 [decided herewith]). (Appeal from judgment of Supreme Court, Onondaga County, Reagan, J. — partition and sale.) Present— Denman, J. P., Boomer, Pine, Balio and Davis, JJ.