Carpenter Environmental Associates v. Horn

Appellate Division of the Supreme Court of New York

Carpenter Environmental Associates v. Horn

239 A.D.2d 379, 658 N.Y.S.2d 35, 1997 N.Y. App. Div. LEXIS 5123

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 1997

StatusPublished

Cited by2 cases

This text of 239 A.D.2d 379 (Carpenter Environmental Associates v. Horn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carpenter Environmental Associates v. Horn, 239 A.D.2d 379, 658 N.Y.S.2d 35, 1997 N.Y. App. Div. LEXIS 5123 (N.Y. Ct. App. 1997).

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Opinion

In an action to recover upon an account stated, the defendant appeals, by permission, from an order of the Supreme Court, Rockland County (Miller, J.), dated October 18, 1996, which appointed Robyn Lefcourt, Esq., as Referee for the purpose of supervising all remaining disclosure.

Ordered that the order is reversed, on the law, without costs or disbursements.

The Supreme Court could not appoint an attorney to act as Referee for the purpose of supervising all remaining disclosure in this action in the absence of a stipulation by the parties (see, CPLR 3104 [b]). The Supreme Court thus erred in appointing an attorney as the Referee here. Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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In an action to recover upon an account stated, the defendant appeals, by permission, from an order of the Supreme Court, Rockland County (Miller, J.), dated October 18, 1996, which appointed Robyn Lefcourt, Esq., as Referee for the purpose of supervising all remaining disclosure.

Ordered that the order is reversed, on the law, without costs or disbursements.

The Supreme Court could not appoint an attorney to act as Referee for the purpose of supervising all remaining disclosure in this action in the absence of a stipulation by the parties (see, CPLR 3104 [b]). The Supreme Court thus erred in appointing an attorney as the Referee here. Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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Bluebook (online)

239 A.D.2d 379, 658 N.Y.S.2d 35, 1997 N.Y. App. Div. LEXIS 5123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-environmental-associates-v-horn-nyappdiv-1997.

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