Gabay v. Bender

Orders, Supreme Court, New York County (Carol Edmead, J.), entered April 6 and June 2, 2006, which, in an action for partition and sale of a residential apartment building, inter alia, granted plaintiffs motion for the keys to individual apartments in the building, and denied defendant’s motion for recusal, unanimously affirmed, with costs.

The issue of whether the Special Referee could properly consider plaintiffs right to the keys under the order of reference was rendered academic by plaintiffs submission of a formal motion to the court for the keys. That motion was properly granted. Any…