In this action, plaintiff, a condominium board, states that defendants Michael D. Lewis and Crystal Fuller, the fee owners of Unit 4C in the building, owed plaintiff common charges. On July 3, 2012, when the alleged debt was $1,265.49, plaintiff filed a continuing lien against the apartment. By the time plaintiff commenced this action in February 2013, the alleged debt had increased to $5,939.36. The complaint seeks a money judgment, attorney's fees, and judgment of foreclosure permitting a sale. When, in January of 2017, plaintiff filed motion sequence number 004, for summary judgment, plaintiff alleged that as of September 16, 2016, the amount due under the lien had increased to $70,880.00.

Defendants' answer to the complaint alleges that, as of the date of the answer, defendants were current in their payments. In addition, they assert counterclaims based on plaintiff's breach of fiduciary duty in failing to keep accurate records of their payments, and they seek an injunction which allows them to vote in the election of board members as well as money damages.

In motion sequence number 004, plaintiff seeks summary judgment against defendant. Defendants oppose, stating that plaintiff's prior counsel engaged in discovery with defendants' counsel which, in part, verified that defendants had proffered some of the allegedly outstanding [*2]payments. On October 17, 2017, the Court issued an interim order in accordance with the stipulation of the parties. The stipulation signified the parties' consent to refer the matter to a referee to hear and report on the amounts due to plaintiff, if any, in unpaid common charges, interest, and fees.

The hearing took place on March 1, 2018, before Judicial Hearing Officer Ira Gammerman. At the hearing, JHO Gammerman considered all the records which plaintiff and defendant provided and submitted into evidence. Since the date of the motion, there had been further payments or further evidence of payments, which reflected that defendants had made various catchup and partial payments and a lower amount was due. JHO Gammerman concluded that defendants owed $6,922.26 in late fees, common charges, and interest for the period between March 2009 through February 2013. In addition, he determined that defendant owed plaintiff $57,000.00 in attorney's fees. JHO Gammerman so-ordered the transcript, and filed his report on March 9, 2018 (motion sequence 005).

Plaintiff seeks to confirm the hearing officer's decision (motion sequence number 006) and obtain summary judgment (motion sequence 004). The Court consolidates these motions and grants them both. As plaintiff stresses, courts confirm a referee's report "whenever the findings contained therein are supported by the record" and the referee "has clearly defined the issues and resolved matters of credibility" (Steingart v Hoffman, 80 AD3d 444, 445 [1st Dept 2011] [citation and internal quotations omitted]; see Safka Holdings, LLC v 220 W. 57th St., L.P., 142 AD3d 865, 866 [1st Dept 2016]). Moreover, because the referee is "in the best position to weigh the evidence and make credibility determinations," courts defer to his or her judgment when there is evidence to support it (Andersen v Weinroth, 48 AD3d 121, 133 [1st Dept 2007]; see Heywood Condominium v Wozencraft, 148 AD3d 38, 45 [1st Dept], lv dismissed, 29 NY3d 986 [2017]). Here, the JHO considered all the admissible evidence the parties submitted and reached a reasoned determination. In addition, the JHO reviewed the attorney's fees and deemed them to be reasonable. In reaching his determination, he rejected defendant's position that the added fees plaintiff assessed for the late payments may have included attorney's fees; instead, he accepted as credible plaintiff's statement that they were late charges. Defendant has submitted no papers challenging the determination or the award of attorney's fees. Therefore, motion sequence number 006 should be granted. In addition, as the hearing officer's decision effectively resolves all issues in this case, the motion for summary judgment is granted as well. Accordingly, it is

ORDERED that motion sequence numbers 004 and 006 are granted; and it is further

ORDERED and adjudged that plaintiff is awarded $6,922.26 in late fees, common charges, and interest for the period between March 2009 through February 2013, and $57,000.00 in attorney's fees, for a total of $67,922.26, together with interest at the statutory rate from the date of this order to the date of entry, as taxed by the clerk, and thereafter at the statutory rate.