Optima Communications, Inc. v. Computer Telephone Communications, Inc.

—In an action to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Rock-land County (Murphy, J.), dated November 3, 1999, which is in its favor and against the defendant in the sum of only $4,115 and directed it to pay 75% of the $18,000 referee’s fee.

Ordered that the judgment is modified, as a matter of discretion, by deleting the provision thereof apportioning the referee’s fee 75% to the plaintiff and 25% to the defendant and substituting therefor a provision apportioning the fee 50% to the plaintiff and 50% to the defendant; as so…