Opinion
September 24, 1998
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
It is well settled that "where questions of fact are submitted to a referee, it is the function of the referee to determine the issues presented, as well as to resolve conflicting testimony and matters of credibility" ( Kardanis v. Velis, 90 A.D.2d 727). The record does not demonstrate that the Special Referee exhibited partiality towards plaintiffs and otherwise discloses no ground upon which his credibility determinations might be disturbed ( see, Credit Car Leasing Corp. v. Litwer, 168 A.D.2d 319). Nor has defendant demonstrated that the amounts awarded are without justification in the record.
We have considered defendant's other arguments and find them to be without merit.
Concur — Sullivan, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.