KAHAN v. SULAYMANOV


24 A.D.3d 612 (2005)

807 N.Y.S.2d 111

LESLIE KAHAN, Respondent, v. ILYA SULAYMANOV et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants, and JACOB MOSKOWITZ, Respondent. BARRY MARKOVITZ, Third-Party Defendant; HENRY KOHN et al., Third-Party Defendants-Respondents.

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

December 19, 2005.


Ordered that the order is affirmed, with one bill of costs.

The cross motion of the defendants Ilya Sulaymanov and Vyachslav Sulaymanov, inter alia, to set aside the report of the trial court was untimely since it was made nearly six months after the report was filed and four months after issuance of the resulting decision (see CPLR 4405).

In any event, "[a] decision rendered by a court after a nonjury trial should not be disturbed on appeal unless...

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