Majority
p. 916James C. Bushby, Appellant, v. Lancelot M. Berkeley, Respondent.
Headnote
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 17th day of June, 1913, confirming the report of a referee in so far as said judgment sustained certain exceptions of the defendant to said report and disallowed costs except as awarded by
p. 917
the Appellate Division on the first appeal herein, and also an appeal from an order entered on the 7th day of June, 1913, as resettled, denying a motion to resettle said judgment.
The order appealed from should be affirmed, with ten dollars costs. The final judgment should be modified by reversing the judgment so far as it sustains the objections to the referee’s report which allowed interest to the plaintiff upon the amounts due from the defendant to the plaintiff, and by confirming the referee’s report allowing such interest to the amount of $1,319.70; and said judgment as so modified is affirmed, without costs to either party in this court. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ. Order affirmed, with ten dollars costs. Pinal judgment modified as indicated in opinion and as modified affirmed, without costs to either party in this court. Order to be settled on notice.