Raia v. Pototschnig

2017 NY Slip Op 1642, 148 A.D.3d 429, 47 N.Y.S.3d 711

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 2, 2017
• Docket: 3322N 113006/09
• Status: Published

Opinion

Order, Supreme Court, New York County (George J. Silver, J.), entered January 5, 2016, which denied the motion of defendant Hubert Po-totschnig to reject the report of the referee, unanimously affirmed, with costs.

The court properly denied defendant’s motion, rejecting his attempts to relitigate issues already adjudicated in this action (see Domingez v Zinnar, 130 AD3d 414 [1st Dept 2015]). Defendant also failed to offer a proposed calculation of interest in response to the court’s several requests for him to do so, and the court otherwise afforded defendant ample opportunities to be heard on his objections to the referee’s report.

We have considered defendant’s remaining arguments and find them unavailing.

Concur — Friedman, J.P., Andrias, Fein-man, Kapnick and Gesmer, JJ.