In re Jones

Here is an application to confirm the report of a referee in a proceeding to obtain an award. On the call of the motion calendar it was announced that there was no opposition to the motion. Proposed orders, however, have been submitted by both sides, which differ in a very radical respect. ’ The city claims that from the award should be deducted the amount of the assessment on the abutting property. Petitioner claims to be entitled to the award without regard to the assessment. The proof taken before the referee indicates that the petitioner’s claim was also made there, and the report of the…