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OGUST v. 451 BROOME STREET CORP.

4 A.D.3d 109 (2004)

770 N.Y.S.2d 864

RICHARD OGUST, Respondent, v. 451 BROOME STREET CORP. et al., Appellants. (And a Third-Party Action.)

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

February 3, 2004.

Defendants' motion for recusal was not based on any of the grounds specified in Judiciary Law § 14, and, absent such grounds, "a Trial Judge is the sole arbiter of recusal" (People v Moreno, 70 N.Y.2d 403, 405 [1987]). We therefore affirm the order denying the recusal motion.

We reverse, however, the order rejecting the report of the Special Referee and directing defendants...

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