| Hovhannessian v Yetemian |
| 2010 NY Slip Op 06232 [75 AD3d 623] |
| July 27, 2010 |
| Appellate Division, Second Department |
| Saro Hovhannessian et al., Appellants, v Alice Yetemianet al., Respondents. |
—[*1] Steven E. Rosenfeld, P.C., New York, N.Y. (Isaiah Juste of counsel), forrespondents.
In an action for a partition and an accounting, the plaintiffs appeal, as limited by their brief,from stated portions of a judgment of the Supreme Court, Queens County (Joseph G. Golia, J.),entered July 21, 2009, which, inter alia, upon an order entered May 5, 2009, granting thedefendants' cross motion to confirm a referee's report, is in favor of the defendants and againstthem in the principal sum of $18,697.05.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
In this partition action, a referee was appointed to hear and report with respect to anaccounting of the rents collected, expenses paid, interests of creditors, and the parties'contributions and withdrawals from the subject property. After a hearing, the Referee, basedupon the conflicting testimony of the parties, found that the plaintiffs were entitled to the sum of$3,500 for renovations of the basement, but were not responsible for the renovations of certainother apartments in the building. The Referee further found that the defendants were entitled tocompensation of the sum of $100 per week for the services of the defendant Manuel Yetemian inacting as building manager and superintendent. These determinations, which were confirmed bythe Supreme Court, are supported by the evidence in the record.
The Referee's determination not to award any reimbursement for personal property, on theground that such a determination would be beyond the scope of the authority granted to theReferee pursuant to the order of reference, was proper (see First Data Merchant Servs. Corp. v One Solution Corp., 14 AD3d534, 535 [2005]).
The parties' remaining contentions are without merit. Fisher, J.P., Lott, Austin and Sgroi, JJ.,concur.