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WINOPA INTERNATIONAL, LTD., et al., Appellants, v. WOORI AMERICA BANK, Respondent.

Plaintiffs' contention that the court improperly referred the matter to a referee to hear and report on contested questions of fact was waived by their failure to object to the reference as well as by their willing participation in the resulting hearing ( see Law Offs. of Sanford A. Rubenstein v Shapiro Baines Saasto, 269 AD2d 224, 225, lv denied 95 NY2d 757). Furthermore, the court, in confirming the report, properly deferred to the findings of the Special Referee, "who was in the best position to weigh the evidence and make credibility determinations" ( Andersen v Weinroth, 48 AD3d 121, 133).

We have considered plaintiffs' remaining contentions, including that the court, in confirming the report, failed to consider all of their claims, and find them unavailing.

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WINOPA INTERNAT'L v. WOORI AM. BANK
(Feb 10, 2009)