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PLOSKI v. RIVERWOOD CORP.

255 A.D.2d 24 (1999)

688 N.Y.S.2d 627

Andrew R. Ploski, Appellant, v. Riverwood Owners Corporation et al., Respondents

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

April 19, 1999

Attorney(s) appearing for the Case

William Ploski, Bronxville, for appellant.

Wilson, Bave, Conboy, Cozza & Couzens, P. C., White Plains (Alexandra C. Karamitsos of counsel), for respondents.

BRACKEN, J. P., RITTER and ALTMAN, JJ., concur.

SANTUCCI, J.

The main issue to be determined on these appeals is whether the Supreme Court can appoint a private attorney to act as a discovery Referee pursuant to CPLR 3104 (a), and impose the costs of such reference on one or more of the parties without their approval. Based upon an analysis of the legislative history of the statute, we conclude that the court's power to appoint a private attorney as a Referee...

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