Borenstein v. Rochel Properties, Inc.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about May 13, 1994, which denied the motion of plaintiffs and of third-party defendants to confirm the report of the Special Referee and granted the motion of third-party plaintiffs to reject the report and granted the third-party plaintiffs summary judgment, unanimously affirmed, with costs.

The court was within its authority in rejecting the report of the Special Referee made after a hearing to compute the deficiency judgment to be awarded against the guarantors after a foreclosure sale as unsupported by the record…