American Federal Group, Ltd. v. Rothenberg

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), *352entered February 5, 1999, which granted defendant’s motion to confirm the Referee’s report and dismissed the complaint pursuant to CPLR 3215 (c), unanimously affirmed, with costs.

The IAS Court properly granted the motion to dismiss (see, Winson Gems v D. Gumbiner, Inc., 85 AD2d 69, 71, affd, 57 NY2d 813). The Referee’s report turned on the credibility of the witnesses and the determinations made were supported on the record. Specifically, the Referee found that there was no meeting of the minds regarding defendant’s need to…