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IZHAKY v. IZHAKY

Index No. 307951/11. Appeal No. 12720-1270A. Case No. 2019-04126.

189 A.D.3d 617 (2020)

139 N.Y.S.3d 26

2020 NY Slip Op 07704

Nina Izhaky, Appellant-Respondent, v. Dan Izhaky, Also Known as Daniel Izhaky, Respondent-Appellant.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Mantel McDonough Riso, LLP, New York ( Kevin M. McDonough of counsel), for appellant-respondent.

Phillip A. Greenberg, P.C., New York ( Phillip A. Greenberg of counsel), for respondent-appellant.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.

Where questions of fact are submitted to a referee, it is the referee's function to resolve the issues presented, conflicting testimony and matters of credibility, and generally courts will not disturb a referee's findings so long as his or her determination is substantiated by the record (Freedman v Freedman, 211 A.D.2d 580 [1st Dept 1995]). At the same time, in cases such as this one, involving references to report, the referee...

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