The Appellate Division unanimously affirmed the Order which denied plaintiff's motion to reject the Special Referee's report recommending, after a hearing on sanctions, that defendants be awarded attorneys' fees, and which granted defendants' cross motion to confirm the report. Plaintiff waived the issue of noncompliance with CPLR 4320(b) by not raising it in his motion to reject the report. Plaintiff cannot challenge the quashing of subpoenas before the hearing, having failed to appeal the relevant order, pursuant to CPLR 5501 and 5513[a]. Furthermore, the challenge to the finding of frivolous conduct and the claim that plaintiff acted in good faith are foreclosed, as the Appellate Division had previously affirmed the order granting sanctions.
Abe v. New York Univ., NY Slip Op 00247 (1st Dep't January 19, 2021)
