Hoffman House v. Hoffman House Cafe

An order was made at Special Term referring the issues raised by the pleadings to a referee to hear, try and determine the same. On appeal the Appellate Division decided that the order should be modified by providing for a trial of the issues raised by the complaint and the defenses set up in the answer thereto before the referee, and that the issue raised by the counterclaims and the reply thereto should be tried by a jury. As thus modified the order was affirmed. 36 App. Div. 176. A trial was had before the referee, whose report, in favor of plaintiff, has been filed. Thereafter, on the…