Berry v. Maldonado & Co.

This is a motion for a compulsory reference on the ground that the action involves a long account. The motion is opposed by the defendant, who claims that, under the decision in the case of Steck v. C. F. & I. Co., 142 N. Y. 236, the question of whether or not a reference can be had without consent of both parties must be determined from an examination of the complaint alone. The rule in the Steck case, supra, if not modified, has been lim*443ited strictly to the case where the complaint does not set forth a canse of action which is referable, and the counterclaim is entirely independent of the…