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TEDESCO v. ECOBANK TRANSNATIONAL INC.

9111N, 109766/06, 109767/06.

102 A.D.3d 607 (2013)

2013 NY Slip Op 442

RENATO TEDESCO, Plaintiff, v. ECOBANK TRANSNATIONAL INCORPORATED et al., Defendants. ANN G. KAYMAN, ESQ., Nonparty Appellant. HOWARD L. BLAU et al., Nonparty Respondents.

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

Decided January 29, 2013.

The Special Referee correctly concluded that CPLR 5015 (a) (3) is inapplicable here. Kayman alleged misconduct only on the part of nonparty Howard L. Blau, who is not an "adverse party" within the meaning of CPLR 5015 (a) (3) (see Blumes v Madar, 21 A.D.3d 518, 520 [2d Dept 2005]; see also Lins v Lins, 98 A.D.2d 608, 608 [1st Dept 1983]).

The Special Referee, however, should have...

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