Rouse v. Goodman — 58 N.Y. St. Rep. 830

Majority

p. 830

Callman Rouse, Resp’t, v. Aaron Goodman, App’lt.

(New York City Court, General Term,

Filed April 23, 1894.)

Headnote

Supplementary proceedings—Referee.

A motion to remove a referee in supplementary proceedings on the ground that he occupies same office with plaintiff's attorney is properly denied in the sound discretion of the court, where such fact is disputed, and the judgment debtor appeared at the examination and waived such objection.

Abraham Levy, for app’lt; William A. Cans, for resp’t.

This is an appeal by the defendant judgment debtor from an order denying a motion to remove a referee in supplementary proceedings on the ground that that referee has his office in-the same office with the plaintiff’s attorney. On the hearing of the motion this was disputed and it was also asserted and sworn to, that the judgment debtor appeared at the examination and waived this objection. This is also certified to, by the referee. On these facts the justice at special term in the exercise of his sound discretion denied the motion to remove. The .facts are sufficient to justify, this determination and there being no abuse of discretion order must be affirmed with costs. All concur.