Breidbart v. Wiesenthal

In an action, inter alia, to compel partnership accountings and a distribution of partnership assets, nonparty Marshall G. Kaplan, the plaintiffs’ former attorney, appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated March 16, 2010, which denied his motion pursuant to CPLR 5016 (c) for leave to enter judgment upon the decision of a Referee (Kurtz, Ct. Atty. Ref.) dated February 13, 2009.

Ordered that the order is affirmed, with costs.

In an order of reference dated October 2, 2008, the Supreme Court referred to a Referee to hear and report on the issue of whether the…