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RUIZ v. JAWONIO, INC.

29 A.D.3d 888 (2006)

814 N.Y.S.2d 554

OSCAR RUIZ, Plaintiff, v. JAWONIO, INC., Defendant. STANLEY A. TOMKIEL III, Nonparty-Respondent; JOHN R. KELLIGREW, Nonparty Appellant. (And a Third-Party Action.)

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

May 23, 2006.

Ordered that the judgment is affirmed.

The appellant failed to object when the plaintiff's former attorney, in effect, testified at the hearing, without being sworn. Thus, the appellant's contention that the plaintiff's former attorney failed to present any evidence at the hearing is unpreserved for appellate review (cf. Matter of David S., 6 A.D.3d 539, 540 [2004]).

The appellant's claim that the hearing court lacked...

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