COHEN v. AKABAS & COHEN

3797, 3797A, 103900/07.

79 A.D.3d 460 (2010)

RICHARD B. COHEN, Respondent, v. AKABAS & COHEN et al., Appellants.

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

Decided December 7, 2010.


We reject defendants' contention that the Special Referee exceeded the authority conferred by the court's September 10, 2008 order of reference by awarding plaintiff a final money judgment. Defendants expressly consented to the order of reference (CPLR 4317 [a]), which, as dictated on the record, plainly stated that the Special Referee was to hear and determine the issue of whether the remaining affirmative defense and counterclaims had been decided previously in the 2008...

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