Ament v. Schubert Piano Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles L. Ament, 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 20th day of March, 1916, denying his motion to vacate an order of reference herein.
1Opinion of the Court
Page, J.:
This motion, made by the plaintiff to remove a referee appointed to hear and determine the issues, is based principally upon two alleged acts of misconduct on the part of the referee: First. That near the end of the trial and after plaintiff had moved to amend his complaint to include further items of damage which would probably involve the taking of over a thousand pages of additional testimony, the referee called into another room both the plaintiff’s and defendant’s attorneys and requested that both sides give security for the payment of the referee’s and stenographer’s fees. The…
2Cases cited2 opinions
- Smith v. DunnAppellate Division of the Supreme Court of the State of New York · 1904
- Hebard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- Universal Oil Products Co. v. HallCourt of Appeals for the Eighth Circuit · 1935
- Moers v. GilbertNew York Supreme Court · 1941
- Harris v. Eclipse Light Co.Appellate Terms of the Supreme Court of New York · 1921
- Voron v. ChaitNew York Supreme Court · 1917
- Baker v. Roddy, New York County Courts1916
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