Zito v. Harding

Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered March 8, 2012, which denied nonparty Nimkoff Rosenfeld & Schechter, LLP’s motion to modify and confirm a special referee’s report, and granted so much of plaintiffs motion as sought to reject the report, unanimously affirmed, with costs.

The motion court correctly rejected the special referee’s report and recommendation on the ground that the referee failed to hear evidence as to whether Nimkoff received a settlement offer in the underlying action and failed to communicate it to plaintiff. Plaintiff submitted an…