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R & R CAPITAL LLC v. LINDA MERRITT

56 A.D.3d 370 (2008)

868 N.Y.S.2d 183

R & R CAPITAL LLC et al., Appellants, v. LINDA MERRITT, Respondent.

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

Decided November 25, 2008.

In the absence of statutory grounds, the decision upon a recusal motion is a discretionary one (see People v Moreno, 70 N.Y.2d 403, 405 [1987]; Conti v Citrin, 239 A.D.2d 251 [1997]), and should not be disturbed "[u]nless the moving party can point to an actual ruling which demonstrates bias" (Solow v Wellner, 157 A.D.2d 459, 459 [1990]; see...

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