Hyperlawhypertext legal database Newman v. Benedict 125 N.Y.S. 297

← Cases

Newman v. Benedict

125 N.Y.S. 297 Court N.Y. App. Div. Decision date 1910-10-14 English

Contents

Majority

p. 297
NEWMAN v. BENEDICT.
(Supreme Court, Appellate Division, First Department
October 14, 1910.)

Headnote

Appeal from Appellate Term.
Action by Julia S. Newman against Julian Benedict. From an order of the-Appellate Term (121 N. T. Supp. 921), reversing an order of reference, plaintiff appeals.
Modified.
See, also, 138 App. Div. 906 , 123 N. Y. Supp. 1131 .
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN,. CLARICE, and SCOTT, JJ.
Alexander Thain, for appellant.
Edward A. Alexander, for respondent.

The determination of the Appellate Term should be modified, by adding thereto a provision that either party shp.ll have leave to apply to the Special Term of the City Court for the appointment of a new referee in this action.

As so modified, the order is affirmed, with 810 costs and disbursements to-the respondent.