DAVID Z. INC. v. TIMUR ON FIFTH AVENUE, INC.


7 A.D.3d 257 (2004)

776 N.Y.S.2d 242

DAVID Z. INC. ET AL., Respondents-Appellants, v. TIMUR ON FIFTH AVENUE, INC., ET AL., Appellants-Respondents.

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

May 4, 2004.


Contrary to defendants' argument, the IAS court was not obliged to defer to the Special Referee, since her report and recommendations did not depend on the credibility of witnesses; rather, it was based on counsel's billing records. The court correctly characterized this case as involving "far from difficult," "run-of-the-mill issues," requiring four court appearances, two of which involved adjournments, a "simple motion" and a settlement for the full amount of rent arrears...

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