From Casetext: Smarter Legal Research

Herman v. Gill

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 2009
61 A.D.3d 433 (N.Y. App. Div. 2009)

Opinion

No. 254.

April 7, 2009.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 8, 2008, which granted petitioners' motion to confirm the report of the Special Referee and directed respondent to pay petitioners $154,509.24, unanimously affirmed, without costs.

Ronald W. Gill, Washington, D.C., appellant pro se.

Altier Vogt, LLC, New York (Philip P. Vogt of counsel), for respondents.

Before: Mazzarelli, J.P., Nardelli, Buckley, Acosta and DeGrasse, JJ.


It is well settled that "where questions of fact are submitted to a referee, it is the function of the referee to determine the issues presented, as well as to resolve conflicting testimony and matters of credibility" ( Kardanis v Velis, 90 AD2d 727, 727). The record does not demonstrate that the Special Referee exhibited partiality toward petitioners. Nor does it otherwise disclose any ground upon which the Referee's credibility determinations should be disturbed. The amount awarded is supported by the record.

[ See 2008 NY Slip Op 30384(U).]


Summaries of

Herman v. Gill

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 2009
61 A.D.3d 433 (N.Y. App. Div. 2009)
Case details for

Herman v. Gill

Case Details

Full title:GLENN HERMAN et al., Respondents, v. RONALD W. GILL, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 7, 2009

Citations

61 A.D.3d 433 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2666
876 N.Y.S.2d 55

Citing Cases

Wells Fargo Bank v. 555 Retail Owner LLC

CPLR 4403 permits a court to confirm or reject a referee's report, in whole or in part. "It is well settled…

Wells Fargo Bank v. 555 Retail Owner LLC

CPLR 4403 permits a court to confirm or reject a referee's report, in whole or in part. "It is well settled…