Frebar Development Corp. v. Posner

Order, Supreme Court, New York County (Paul Wooten, J), entered August 7, 2013, which granted defendant’s motion to confirm the special referee’s report and recommendation, and denied plaintiff landlord’s motion to reject the report, unanimously affirmed, without costs.

The special referee did not exceed her authority in holding a second hearing since the issue of what rent was due, including late fees, was not previously determined. Accordingly, it was proper for the special referee to hold a second hearing to determine actual damages in accordance with the court’s decision (see Steingart v…