Majority
p. 741Nicholas N. Mastchenko, Appellant, v. The Guaranty Trust Company of New York, Respondent.
Order denying plaintiff’s motion for a commission to
p. 742
take further testimony reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon authority of Fisher v. Dale ( 17 Johns. 343 ); the expense of tho commission to be borne by plaintiff. Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur.
Cases cited
- Fisher v. Dale 17 Johns. 343 p. 742