Fay v. Muhlker

Charles P. Daly, Chief Justice.

The judgment to be entered upon the report of the referee is an interlocutory one, for a final judgment cannot be entered until after there has been a failure to comply with the condition upon which the plaintiff was allowed to answer (Liegeois v. McCrackan, 22 Hun 69), and if the condition is complied with there will be no such judgment. The allowance, therefore, provided for by sections 3252, 3253, can form no part of the costs of the action required by the referee to be paid; for by the Code it is given to the plaintiff, “ if a final judgment is rendered in…