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BAKER v. KOHLER

28 A.D.3d 375 (2006)

814 N.Y.S.2d 121

HAROLD BAKER et al., Appellants, v. WILLIAM R. KOHLER et al., Respondents.

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

April 25, 2006.

The report of a referee should be confirmed if its findings are supported by the record (see Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705 [1985]). We see no basis to disturb the Special Referee's finding that plaintiffs' evidence failed to show "customary indicia" of a partnership (see M.I.F. Sec. Co. v R.C. Stamm & Co., 94 A.D.2d 211

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