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CONNORS v. PHILLIP

56 A.D.3d 412 (2008)

866 N.Y.S.2d 574

CLIFF CONNORS et al., Appellants, v. MICHAEL K.J. PHILLIP et al., Respondents.

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

November 5, 2008.

Ordered that the order is affirmed, with costs.

The plaintiffs waited more than three years to move, in effect, to reject the referee's report (see CPLR 4403). The motion was untimely and, therefore, upon renewal, it was properly denied.

Motion by the respondent Michael K.J. Phillip on an appeal from an order of the Supreme Court, Kings County, dated May 2, 2007, inter alia, to dismiss the appeal as against...

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