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Newman v. Benedict

140 A.D. 899 Court N.Y. App. Div. English

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p. 899
Julia S. Newman, Appellant, v. Julian Benedict, Respondent.

Headnote

Appeal from an order of the Appellate Term reversing an order of reference.

The determination of the Appellate Term should be modified by . adding thereto a provision that either party shall have leave to apply to the Special Term of the City Court for the appointment of a new referee in this action. As so modified the order should be affirmed, with ten dollars costs and disbursements to the respondent. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, J.J. Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to respondent. Settle ender on notice.