Opinion
3057.
Decided March 9, 2004.
Order and judgment (one paper), Supreme Court, New York County (Charles Ramos, J.), entered December 30, 2002, which, inter alia, granted plaintiff's motion to confirm the report of the Special Referee, dated April 25, 2002, and awarded plaintiff damages in the total amount of $2,765,560.83, unanimously affirmed, with costs.
Peter Janovsky, for Plaintiff-Respondent.
Marvin Neiman, for Defendants-Appellants.
Before: Ellerin, J.P., Williams, Lerner, Marlow, JJ.
The Special Referee's determination is substantiated by the record and, accordingly, was properly confirmed ( see Freedman v. Freedman, 211 A.D.2d 580; Warney v. Haddad, 194 A.D.2d 478, lv denied 82 N.Y.2d 658). Plaintiff's damages as a result of defendants' default on loans totaling over $2 million were amply established at the hearing by the testimony of a Senior Vice President at plaintiff bank, who was knowledgeable about the loan agreements and the actual costs of enforcing them ( see Elec. Servs. Intl., Inc. v. Silvers, 284 A.D.2d 367, lv denied 99 N.Y.2d 508). In determining the amount to which plaintiff was entitled for legal fees, the Special Referee reviewed the appropriate factors and we discern no ground to disturb the award ( see Sage Realty Corp. v. Proskauer Rose LLP, 288 A.D.2d 14, lv denied 97 N.Y.2d 608).
We have considered defendants' remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.