Opinion
June 8, 1995
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The court was within its authority in rejecting the report of the Special Referee made after a hearing to compute the deficiency judgment to be awarded against the guarantors after a foreclosure sale as unsupported by the record (CPLR 4403; see, Kardanis v. Velis, 90 A.D.2d 727). Third-party plaintiffs presented uncontroverted expert testimony of the fair market value of the premises, and undisputed testimony that the condition of the premises did not change between the date of the foreclosure sale and the date of the appraiser's inspection ( see, Yonkers City Post No. 1666 v. Bottiglieri, 143 A.D.2d 267, 271).
The court also did not abuse its discretion with respect to disclosure ( see, Kaplan v. Herbstein, 175 A.D.2d 200) as the third-party defendants had waived their rights to such disclosure by their delay and inaction ( see, National Union Fire Ins. Co. v Glass Check Cashing Corp., 177 A.D.2d 419). Nor did the court abuse its discretion in refusing to grant any further adjournments ( see, Schneyer v. Silberg, 156 A.D.2d 200, appeal dismissed 77 N.Y.2d 872).
Concur — Murphy, P.J., Rosenberger, Wallach, Williams and Tom, JJ.