Dick v. Busch — 172 A.D. 943

Majority

p. 943

First Department,

February, 1916.

Evans R. Dick and Others, Respondents, v. Buena Vista M. Busch, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 10th day of August, 1915, upon the report of a referee, and bringing up for review an order entered oh the 5th day of April, 1915, directing the clerk to tax the referee’s fees.

We are of opinion that the charge of the referee beyond ten dollars a day was not authorized by the stipulation. The judgment is, therefore, modified by reducing the amount thereof by the sum of §380, and as so modified affirmed, with costs to the respondents. Present — Clarke, P. J., Scott, Dowling, Smith and Page, JJ. Judgment modified as directed in opinion, and as modified affirmed, with costs to respondents. Order to be settled on notice.