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S. NICOLIA & SONS REALTY CORP. v. A.J.A. CONCRETE READY MIX, INC.

2013-08447

130 A.D.3d 1004 (2015)

15 N.Y.S.3d 106

2015 NY Slip Op 06327

S. NICOLIA & SONS REALTY CORP., Appellant, v. A.J.A. CONCRETE READY MIX, INC., Doing Business as AJA CONCRETE, INC., et al., Respondents.

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

Decided July 29, 2015.

Ordered that the judgment is affirmed, with costs.

The plaintiff waived its right to object to the Supreme Court's authority to order a reference to determine certain issues concerning damages by failing to object to the reference and actively participating in the hearing before the Referee (see Winopa Intl., Ltd. v Woori Am. Bank, 59 A.D.3d 203, 204 [2009]; Cogen v Robin Klinger Children's Entertainment,

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