Aliziov.A-One Bricklaying Co., Inc.

Appellate Division of the Supreme Court of New York, Second DepartmentApr 2, 1990
160 A.D.2d 669 (N.Y. App. Div. 1990)

April 2, 1990

Appeal from the Supreme Court, Nassau County, Balletta, J., LaPera, J.H.O.


Ordered that the order dated September 18, 1986, is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated March 20, 1987, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order entered August 5, 1988, is modified by deleting from the 20th decretal paragraph thereof the term "$1,819.47", and substituting therefor the term "$1,744.47"; as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court properly directed a reference to hear and determine the issues raised by the parties since, in substance, resolution of the dispute between these parties requires an examination of a long account (see, 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 4317.10; cf., Schanback v. Schanback, 130 A.D.2d 332). The failure of the Referee to make specific findings of fact (see, CPLR 4213 [b]) does not warrant reversal since the record permitted a complete re-evaluation of the proof by this court (see, e.g., Matter of Commissioner of Social Servs. v. George C., 78 A.D.2d 541). The appellants have failed to demonstrate the existence of any legal or factual error in the order of the Referee. We therefore affirm the order of the Referee, save for a minor modification which is warranted in light of the concession contained in the respondents' brief. Mangano, P.J., Thompson, Bracken and Rosenblatt, JJ., concur.