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ZUCKERMAN v. ALTMAN

200 A.D.2d 520 (1994)

606 N.Y.S.2d 668

Donald K. Zuckerman et al., Appellants, v. Donnal Altman et al., Respondents. (Action No. 1.) 64 North Moore Associates, Respondent, v. Wash-Moore, Inc., et al., Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

January 25, 1994

The decision of the Referee, who had broad fact finding and equitable power by stipulation of the parties, is well founded and there is no reason to usurp the Referee's role as arbiter of fact and credibility (see, Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705). Since the parties' expert witnesses agreed to value the subject commercial space according to its highest and best use, the value was to be determined...

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