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WESTLAND GARDEN STATE PLAZA, L.P. v. EZAT, INC.

39 A.D.3d 291 (2007)

833 N.Y.S.2d 84

WESTLAND GARDEN STATE PLAZA, L.P., Respondent, v. EZAT, INC., Trading as VARIZIONI, Defendant. MANOUCHER HEDVAT, Nonparty Appellant. WESTLAND GARDEN STATE PLAZA, LIMITED PARTNERSHIP, Respondent, v. HERSHEL HEDVAT, Respondent, and MANOUCHER HEDVAT, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 10, 2007.

The referee's finding that appellant Hedvat had been properly served with the subpoenas at issue, is supported by the record and was properly confirmed (Nager v Panadis, 238 A.D.2d 135 [1997]). However, the issue of whether Hedvat's noncompliance with the subpoenas constituted contempt was not referred to the referee (see CPLR 4212, 4311) and was not properly passed on by him and...

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