Majority
p. 938Juanita Gelly, Appellant, v. Anna Kalamon et al., Defendants, and Catherine Terriault, as Executrix of William Graham, Respondent.
The determination of the official referee in the action by Joseph Kalamon against defendants other than the present respondent, which determination was not even followed in the final judgment which was entered in that action, has no binding effect in the present action involving different parties, both plaintiff and defendant. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.