Opinion
November 14, 1989
Appeal from the Supreme Court, New York County (Leonard N. Cohen, J.).
The Referee properly found that the delivery and recording of the deed to the underlying premises by defendant on February 9, 1984 was the direct result of defendant's 1981 lawsuit and notice of pendency, and the basis for the judicially supervised settlement of that action. Thus, the deed was not taken subject to plaintiff's 1983 notice of pendency. The report of a Referee should be confirmed if the findings are supported by the record (Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705). "Generally, New York courts will look with favor upon a Referee's report, inasmuch as the Referee, as trier of fact, is considered to be in the best position to determine the issues presented." (Matter of Holy Spirit Assn. v Tax Commn., 81 A.D.2d 64, 70-71, revd on other grounds 55 N.Y.2d 512.) The Referee herein clearly defined the issue, resolved conflicting testimony and matters of credibility (Kardanis v Velis, 90 A.D.2d 727), and the findings were supported by the record.
Concur — Ross, J.P., Asch, Milonas, Rosenberger and Ellerin, JJ.