In this action, inter alia, for partition and sale of certain parcels of real property, the Appellate Division, in accordance with M&H’s arguments on appeal, upheld the dismissal of the defendants’ counterclaim to invalidate the plaintiff’s deed, and canceled the notice of pendency, based upon the plaintiffs’ failure to properly prepare their affidavits of merit in accordance with CPLR 2102(b).

Testa v. Testa

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