Weinberger v. Metropolitan Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Metropolitan Traction Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of April, 1901, granting, upon payment to the defendant of $25 costs, plaintiff’s motion to open his default beftire a referee appointed to determine questions arising ón a motion made by the plaintiff to substitute the Metropolitan Street Railway Company for the…
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Appeal by the defendant, Metropolitan Traction Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of April, 1901, granting, upon payment to the defendant of $25 costs, plaintiff’s motion to open his default beftire a referee appointed to determine questions arising ón a motion made by the plaintiff to substitute the Metropolitan Street Railway Company for the Metropolitan Traction Company as defendant herein, upon the ground that service was intended to be made upon the former company,…
1Opinion of the Court
Laughlin, J. :
Owing to the reference the motion to substitute the street railway company for the traction company herein has been pending undetermined almost two years. This inexcusable delay of the trial of the issues and unjustifiable expense to the litigants warrants the court in again expressing its disapproval of references to determine controverted questions of fact arising upon motion, except very exceptional cases, where the facts are complicated, and it is manifest *243that the truth cannot be ascertained with reasonable certainty without an examination of the witnesses. We think the…
2Cited by3 opinions
- In re WarrenAppellate Division of the Supreme Court of the State of New York · 1908
- Eddy v. SpauldingAppellate Division of the Supreme Court of the State of New York · 1904
- General Electric Co. v. Golden Rule Appliance Co.Appellate Division of the Supreme Court of the State of New York · 1957