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Leary v. Lipkind

227 A.D. 835 Court N.Y. App. Div. English

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p. 835
James A. Leary and Another, Copartners, Doing Business under the Firm Name and Style of Leary & Fullerton, Respondents, v. Charlotte Lipkind, Appellant.[1]

Order affirmed, with ten dollars costs and disbursements, on the ground that the irregularity in giving notice of the reference did not affect a substantial right of the defendant for she had actual notice thereof and did not appear and make objection; and had made default in appearing on the trial at which the reference was granted. (See Civ. Prac. Act, § 105.) Van Kirk, P. J., Hinman, Davis and Hill, JJ., concur; Hasbrouck, J., dissents.