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Full opinion text

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.