HART v. CAPPA (2025)

Order and judgment (one paper), Supreme Court, New York County (James G. Clynes, J.), entered on or about December 26, 2024, which, inter alia, denied plaintiff's motion to reject or modify the Receiver/Referee's report and confirmed the report rendering an accounting of the parties’ respective interests for partition, unanimously affirmed, without costs.

Plaintiff's motion to reject or modify the Receiver/Referee's report was properly denied based on the parties’ previous trial testimony before the motion court and the documents submitted to the Receiver/Referee (see CPLR 4320[a]).  The motion court correctly determined that neither party had presented a basis to hold an additional hearing or otherwise disturb the Receiver/Referee's findings, which were supported by the record, rendering a new report unwarranted (CPLR 4403;  see also Board of Mgrs. of Boro Park Vil.-Phase I Condominium v. Boro Park Townhouse Assoc., 284 A.D.2d 237, 238, 726 N.Y.S.2d 606 [1st Dept. 2001]).  Accordingly, the report was properly confirmed.

We have considered plaintiff's remaining arguments and find them unavailing.