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KASS v. MACHLES

Index No. 302502/10. Appeal No. 12813. Case No. 2020-03006.

190 A.D.3d 459 (2021)

135 N.Y.S.3d 650

2021 NY Slip Op 00089

Walter Kass, Appellant, v. Cindy Machles, Respondent.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Kliegerman & Joseph LLP, New York ( Michael P. Joseph of counsel), for appellant.

Lee A. Rubenstein , New York, for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Shulman, JJ.

Defendant's motion seeking to hold plaintiff in contempt was not referred to the Referee (see CPLR 4212, 4311), and, accordingly, the Referee's finding on that issue was not a proper basis for the court's adjudication of contempt against plaintiff (see Westland Garden State Plaza, L.P. v EZAT, Inc., 39 A.D.3d 291, 292 [1st Dept 2007]). The court's subsequent nunc pro tunc order referring the contempt motion to the Referee...

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