Opinion
February 10, 2000
Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on or about November 12, 1998, which, in an action for breach of a separation agreement, inter alia, granted plaintiff's motion to confirm the report of the special referee and in accordance therewith directed entry of judgment in favor of plaintiff for $1,071,400, representing maintenance and child support arrears, unanimously affirmed, without costs.
Robert S. Meloni for the Plaintiff-Respondent.
Elaine Rudnick Sheps for the Defendant-Appellant.
SULLIVAN, J.P., NARDELLI, TOM, LERNER, ANDRIAS, JJ.
At the inquest, the special referee properly adhered to the terms of the previously issued order of preclusion permitting defendant to cross-examine plaintiff but restricting him from offering evidence in support of his answer and counterclaims (cf., Rokina Optical Co., Inc. v. Camera King, Inc., 63 N.Y.2d 728, 730-731). Also proper was the special referee's grant of plaintiff's motion to amend her ad damnum to include arrears that had accumulated since the action's commencement (see, CPLR 3025[b]; see also, Loomis v. Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23; Sahdala v. New York City Health Hosp. Corp., 251 A.D.2d 70).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.