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ADELAIDE PRODUCTIONS, INC. v. BKN INTERNATIONAL AG

51 A.D.3d 598 (2008)

858 N.Y.S.2d 167

ADELAIDE PRODUCTIONS, INC., et al., Respondents, v. BKN INTERNATIONAL AG, Appellant.

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

Decided May 29, 2008.

In a prior decision (39 A.D.3d 254 [2007]), we reversed the grant of a money judgment and referred the matter for a fact-finding hearing. Respondent never objected during that hearing, nor in its posthearing submissions, to the Special Referee's ruling that it bore the burden of proof. Accordingly, that point has not been preserved for appellate review (see Matter of Bowes v Dennison, 20 A.D.3d 845

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