587 DEVELOPMENT INCORPORATED v. PIZZUTO


8 A.D.3d 5 (2004)

777 N.Y.S.2d 494

587 DEVELOPMENT INCORPORATED, Appellant, v. JOHN PIZZUTO, Respondent.

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

June 1, 2004.


Plaintiff registered no objection to the reference at the time it was made, never appealed from the order referring the matter, and indeed participated without reservation in the hearing before the Special Referee. Accordingly, plaintiff's challenge to the validity of the reference, first raised in its opposition to defendant's motion to confirm the Special Referee's report, has been waived. Were plaintiff's arguments respecting the propriety of the reference properly before...

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