Appellate Division of the Supreme Court of New York, 1998

Passaro v. Henry

Appellate Division of the Supreme Court of New York · Decided June 8, 1998

251 A.D.2d 390; 673 N.Y.S.2d 322; 1998 N.Y. App. Div. LEXIS 6583

Cases that cite this one

6 later published cases cite this decision.

Citimortgage v. Stuckova (Appellate Division of the Supreme Court of New York 2021)
Broadway Warehouse Co. v. Buffalo Barn Bd., LLC (Appellate Division of the Supreme Court of New York 2026)
PennyMac Corp v. Bongiovanni (New York Supreme Court, Richmond County 2024)
HSBC Bank USA, N.A.. v. Sewell (Appellate Division of the Supreme Court of New York 2021)
O'Donnell v. O'Donnell (Appellate Division of the Supreme Court of New York 2011)
Jones v. Jones (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action for the partition of real property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated December 30, 1996, as granted the motion of the defendant Kathleen Henry a/k/a Kathleen Passaro to renew her prior motion to confirm, in part, the Referee’s report dated December 14, 1995, regarding the interests of the parties in the subject property.

Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to CPLR 4403, any party may move to confirm or reject the Referee’s report, in whole or in part within 15 days after the filing of the report. In enacting CPLR 4403, the Legislature intended that the parties point out “ ‘in what respects, if any, the Referee’s report or his conduct of the proceedings is erroneous’ ” (Matter of Breland [MVAIC], 24 AD2d 881, quoting Rosenfield v Rosenfield, 272 App Div 547, 549). The plaintiff never objected to the findings of the Referee before the Supreme Court. Therefore, the plaintiff has waived his right to assert such objections for the first time on appeal (see, Matter of Galiber v Previte, 40 NY2d 822). Sullivan, J. P., Joy, Krausman and Florio, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.