The report of a referee should be confirmed whenever the findings are substantially supported by the record, and the referee has clearly defined the issues and resolved matters of credibility. However, any computations based on the review of unidentified and unproduced business records are inadmissible hearsay and lack probative value.
Here, the referee's report was based upon her review of the note and mortgage, the summons and complaint, and an affidavit of merit and the amount due to the plaintiff. However, the affiant failed to produce the business records that the referee purportedly relied on in making her calculations.
Plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied.
Countrywide Home Loans Servicing, L.P. v. Weberman, NY Slip Op 04240 (2d Dep't August 21, 2024)
