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THE MERCHANTS BANK OF NEW YORK v. DAJOY DIAMONDS, INC.

5 A.D.3d 167 (2004)

772 N.Y.S.2d 521

THE MERCHANTS BANK OF NEW YORK, a Division of VALLEY NATIONAL BANK, Respondent, v. DAJOY DIAMONDS, INC., et al., Appellants.

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

March 9, 2004.

The Special Referee's determination is substantiated by the record and, accordingly, was properly confirmed (see Freedman v Freedman, 211 A.D.2d 580 [1995]; Warney v Haddad, 194 A.D.2d 478 [1993], lv denied 82 N.Y.2d 658 [1993]). Plaintiff's damages as a result of defendants' default on loans totaling over $2 million were amply established at the hearing by the testimony of a senior...

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