Ain v. C.A.C. Industries, Inc.

In an action to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), dated April 30, 2009, which denied his motion to reject a referee’s report (Rosen, R.), dated December 8, 2008, made after a hearing, recommending that the complaint be dismissed in its entirety, and granted the defendants’ cross motion to confirm the report.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the City of New York and C.A.C. Industries, Inc. (hereinafter CAC), a corporation hired by the City to…