YUEN v. KWAN KAM CHENG

2063, 108379/06, 2064

69 A.D.3d 536 (2010)

895 N.Y.S.2d 37

2010 NY Slip Op 579

CINDY YUEN, Respondent, v. KWAN KAM CHENG et al., Appellants.

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

Decided January 28, 2010.


Defendants' argument on appeal that the judicial hearing officer lacked jurisdiction to hear the motion for summary judgment has been waived by their complete and active participation in the hearing and resolution of the motion without objection (see e.g. Morton v Brookhaven Mem. Hosp., 308 A.D.2d 566 [2003]).

On the merits, the motion court correctly determined that plaintiff was entitled to the refund of her down payment...

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