LEE v. MARINO


36 A.D.3d 454 (2007)

827 N.Y.S.2d 151

LILY LEE, Appellant, v. ROBERT A. MARINO, Defendant, and JOSEPH CRISAFI, Individually and as officer of the Board of Managers of Columbus Common Condominium, Respondent.

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

Decided January 9, 2007.


The motion court clearly abused its discretion in striking plaintiff's affidavit in opposition to defendant Crisafi's motion to confirm the Referee's report, and confirming the report without considering it on the merits. While the court, in support of the challenged disposition, cited "gross violations" of court rules by plaintiff's counsel, the violations were technical, involving the length of an affidavit and the use of exhibit tabs, and did not rise to a level warranting...

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