National Bank of North America v. New Paltz Growers, Inc.

Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered August 3, 1981 in Ulster County, which, inter alia, denied a motion by defendants New Paltz Growers, Inc., and Jack Erman to disqualify the referee in connection with the underlying foreclosure action and granted the referee’s cross motion to set his fees. By order of Special Term dated November 13, 1979, a referee was appointed for the purpose of determining the amount due on the mortgage loans which are the subject of the underlying action, and whether the mortgaged premises could be sold in one parcel.…