Kores Manufacturing Corp. v. Standard Packaging Corp.

Orders entered on July 25, 1968 referring specified issues to a Special Referee and staying action by defendant against plaintiff, unanimously reversed on the law, with $30 costs and disbursements to .appellant and the motion of plaintiff to settle the terms of a Statement is denied, with leave to renew, if available, upon completion of defendant’s action for rescission and damages. No provision of the CPLR, treating of simplified procedures, permits the sending of issues to a Referee. (CPLR 3031-3037.) And if the underlying contract is challenged, as here, on the premise of fraud in the…