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FREBAR DEV. CORP. v. POSNER

13377, 103525/10.

121 A.D.3d 627 (2014)

994 N.Y.S.2d 308

2014 NY Slip Op 07446

FREBAR DEVELOPMENT CORPORATION, Plaintiff, and FRED L. PASTERNACK, Appellant, v. ELANA WAKSAL POSNER, Respondent.

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

Decided October 30, 2014.

Order, Supreme Court, New York County (Paul Wooten, J.), entered August 7, 2013, which granted defendant's motion to confirm the special referee's report and recommendation, and denied plaintiff landlord's motion to reject the report, unanimously affirmed, without costs.

The special referee did not exceed her authority in holding a second hearing since the issue of what rent was due, including late fees, was not previously...

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