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FID. BOND & MORTGAGE CO. v. LUCAS

135 A.D.2d 778 (1987)

Fidelity Bond and Mortgage Co., Respondent, v. Leroy Lucas et al., Defendants, and Arlene Lucas, Appellant. Carol Kahn et al., Nonparty Respondents

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

December 28, 1987

Ordered that the order is affirmed, with one bill of costs payable to Robert A. Karas, Jean F. Karas, and Eve Bunting, appearing separately and filing separate briefs.

The failure to move to confirm a Referee's report within the time period prescribed by RPAPL 1355 (2) is a mere irregularity which, in the absence of prejudice to any substantial right of a party, may be disregarded (see, Dime Sav. Bank v Sherman, 64 Misc.2d 457

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