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BOARD OF MANAGERS OF THE BAY CLUB CONDOMINIUM v. BAY CLUB OF LONG BEACH, INC.

15 Misc.3d 282 (2007)

827 N.Y.S.2d 855

BOARD OF MANAGERS OF THE BAY CLUB CONDOMINIUM et al., Plaintiffs, v. BAY CLUB OF LONG BEACH, INC., et al., Defendants. BAY CLUB OF LONG BEACH, INC., et al., Third-Party Plaintiffs, v. WAGNER CONSTRUCTION INC. et al., Third-Party Defendants.

Supreme Court, Nassau County.

January 11, 2007.

Attorney(s) appearing for the Case

Davidoff, Malito & Hutcher, LLP, Garden City, Smith, Mazure, Director, Wilkens, Young & Yagerman, P.C., New York City, and Lee J. Mondshein, Jericho, for Bay Club of Long Beach, Inc., and others, defendants.

Marc H. Schneider, P.C., Garden City, for plaintiffs.

OPINION OF THE COURT

LEONARD B. AUSTIN, J.

All defendants except D'Alessio Architecture, P.C. (hereinafter Bay Club) move (1) to preclude the use of a forensic accounting report prepared by the court-appointed expert, Joel Rakower, CPA, based upon improper ex parte contact with the plaintiffs; (2) to appoint a new accountant to review the financial records of Bay Club of Long Beach condominiums; and (3) to impose sanctions upon plaintiffs by reimbursing...

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