Ploski v. Riverwood Owners Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Santucci, J.
The main issue to be determined on these appeals is whether the Supreme Court can appoint a private attorney to act as a discovery Referee pursuant to CPLR 3104 (a), and impose the costs of such reference on one or more of the parties without their approval. Based upon an analysis of the legislative history of the statute, we conclude that the court’s power to appoint a private attorney as a Referee is limited by CPLR 3104 (b), and thus can be accomplished only when the parties so stipulate. Accordingly, to the extent that our previous ruling in the case of…
2Cases cited10 opinions
- Lestingi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 1983
- McCarthy v. KleinAppellate Division of the Supreme Court of the State of New York · 1997
- Krauss v. PuttermanAppellate Division of the Supreme Court of the State of New York · 1975
- Brooks, Hampton, Levy & Walker, Inc. v. BalabanAppellate Division of the Supreme Court of the State of New York · 1964
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3Cited by8 opinions
- Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
- Schlau v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2015
- Slapo v. Winthrop Univ. Hosp.Appellate Division of the Supreme Court of the State of New York · 2020
- Csanko v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2000
- Prescott v. Kramer Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3 more not listed; retrieve them via the Exa API.