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RC 27TH AVENUE REALTY CORPORATION, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Defendant. FLANAGAN COOKE, P.C., Plaintiff-Respondent,

It is well settled that a special referee's findings of fact and credibility will generally not be disturbed where substantially supported by the record (see Rasmussen v. Yellow River, Inc., 298 A.D.2d 322, 323;Vastwin Invs., Ltd. v. Aquarius Media Corp., 295 A.D.2d 216, 217). Accordingly, inasmuch as the record is, as the Referee found, devoid of credible evidence that plaintiff law firm's services were terminated by defendant client RC 27th Avenue Realty Corporation for cause and otherwise provides ample justification for the fee awards made, we perceive no ground upon which those awards might be set aside or reduced.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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RC 27TH AVENUE REALTY v. N.Y.C. HOUSING
(May 6, 2003)