UTICA PLACE COMMERCIAL LLC v. BROOKLYN UC ADMIN. SERVS., LLC

Index No. 650845/18. Appeal No. 13374. Case No. 2020-03853.

192 A.D.3d 549 (2021)

140 N.Y.S.3d 702

2021 NY Slip Op 01565

Utica Place Commercial LLC, Appellant, v. Brooklyn UC Administrative Services, LLC, et al., Defendants, and Jason Shevetz, Respondent.

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

Decided March 18, 2021.


Attorney(s) appearing for the Case

Law Office of Kenneth G. Roberts, P.C., New York ( Kenneth G. Roberts of counsel), for appellant.

Sol Kodsi , New York, for respondent.

Concur—Acosta, P.J., Gische, Webber, González, JJ.


The court properly confirmed the report of the Special Referee and dismissed the action against defendant Shevetz based on the Referee's finding that plaintiff failed to establish damages at the inquest. Contrary to plaintiff's argument, the court correctly found that the Referee did not improvidently exercise his discretion in denying the request for a continuance of the inquest sought by plaintiff upon its witnesses' failure to authenticate the documentary evidence proffered...

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