Fortunato v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Helen A. Dawson, as administratrix of John F. Dawson, deceased, 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 1st day of April, 1898, denying said defendant’s motion for an order vacating and setting aside the decision or report of the referee, appointed to hear and determine the action, vacating and setting’ aside the judgment entered upon said decision,…
Read the full summary
Appeal by the defendant, Helen A. Dawson, as administratrix of John F. Dawson, deceased, 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 1st day of April, 1898, denying said defendant’s motion for an order vacating and setting aside the decision or report of the referee, appointed to hear and determine the action, vacating and setting’ aside the judgment entered upon said decision, and vacating and annulling the order of reference.
1Opinion of the Court
Ingraham, J.:
This action having been once tried and .the judgment having been reversed by the Court of Appeals, on the twenty-seventh of February an order was entered upon the consent of all the parties to the action, including that of the appellant, referring certain issues in the action to a referee to hear and determine the same. The issues thus *272referred related to the claim made by the defendant, the administrator of Dawson, against the city of New York, to recover the sum of $5,840, and further issues between the defendants Patten, as executors, and the Twelfth Ward Bank, arising out of…
2Cases cited4 opinions
- Reynolds v. MooreAppellate Division of the Supreme Court of the State of New York · 1896
- Stebbins v. BrownNew York Supreme Court · 1873
- Dorlon v. LewisNew York Supreme Court · 1851
- Roosa v. Saugerties & Woodstock Turnpike Road Co.New York Supreme Court · 1855
3Cited by5 opinions
- In re the Estate of SmithNew York Surrogate's Court · 1938
- In re the Arbitration between Knickerbocker Textile Corp. & Sheila-Lynn, Inc.New York Supreme Court · 1939
- Dickinson v. EarleNew York Supreme Court · 1901
- Fleck v. CohnAppellate Division of the Supreme Court of the State of New York · 1909
- In Re Stafford's EstateOregon Supreme Court · 1933