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McClure v. Pennsylvania Tunnel & Terminal Railroad

130 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1911-06-09 English

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p. 1118
McCLURE v. PENNSYLVANIA TUNNEL & TERMINAL R. CO.
(Supreme Court, Appellate Division, First Department.
June 9, 1911.)

Headnote

Appeal from Special Term, New York County. Action by David McClure against the Pennsylvania Tunnel & Terminal Railroad Company. From an order granting plaintiff’s motion for the appointment of a referee to hear and determine the issues, defendant appeals. Reversed, and motion denied.
Henry A. Gilder-sleeve, for appellant.
AVilliam N. Cohen, for respondent.

We think, upon the record presented, that a long account is not involved, which justifies a reference to hear and determine the action, against the opposition of the defendant. The order appealed from, therefore, should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.