Opinion
November 15, 1995
Appeal from the Supreme Court, Erie County, Gorski, J.
Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.
Order and judgment unanimously affirmed with costs. Memorandum: Supreme Court properly confirmed the Referee's report. "A Referee's determination is entitled to great weight, particularly in cases where the Referee, as trier of fact, must resolve conflicting testimony and matters of credibility" (Bellnier v Bellnier, 158 A.D.2d 947, 948; see, Zuckerman v Altman, 200 A.D.2d 520, lv denied 83 N.Y.2d 756). The court properly rejected the objection that plaintiff's obligation to make payments pursuant to the Stock Purchase Agreement was conditioned upon the determination of the adjusted purchase price of the stock. That objection is contrary to the theory advanced at the trial before the Referee (see, Pipe Welding Supply Co. v Haskell, Conner Frost, 61 N.Y.2d 884, 886). We agree with the court that the record supports the Referee's determination that plaintiff is not entitled to credit for sums withdrawn from the Stock Payment Account, 50% of the net proceeds of used vehicle sales or salaries paid to defendants Griffin and Sorbini.