Baird v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion to set aside an order of reference. This action was brought to recover for a large number of gas meters alleged to have been sold and delivered by plaintiff’s assignor, Jose F. Navarro, to defendant under a contract between them.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion to set aside an order of reference. This action was brought to recover for a large number of gas meters alleged to have been sold and delivered by plaintiff’s assignor, Jose F. Navarro, to defendant under a contract between them. Plaintiff moved for a reference on affidavits, alleging that the trial would involve the examination of a Ions: account; the motion was opposed by defendant on affidavits denying that any account was involved; the court…
1Opinion of the CourtAndrews, J.
We think this order should be affirmed. The question whether there were any relations between the referee and the plaintiff, or his assignor, which rendered it improper for the referee to hear and decide the case, and called upon the court to vacate the order of reference was addressed to the discretion of the court below, and its decision is not reviewable here. We may say, however, in passing, that, in our judgment, there is not the slightest ground for the motion in this aspect. The other ground, upon which the motion to vacate the order of reference was made, viz.: that the cause was not…
2Cases cited1 opinion
- Greason v. . KeteltasNew York Court of Appeals · 1858
3Cited by31 opinions
- Grafton Partners L.P. v. Superior CourtCalifornia Supreme Court · 2005
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Wolf v. Assessors of the Town of HanoverNew York Court of Appeals · 1955
- Kardibin v. Associated HardwareSuperior Court of Pennsylvania · 1981
- In re the City of New YorkNew York Court of Appeals · 1954
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