Adler v. Barr

Order denying plaintiffs’ motion to confirm official referee’s report and for *854a deficiency judgment, and granting defendants’ cross-motion to deny confirmation, modified by inserting therein a provision fixing the valuation of the property involved as of April 30, 1936, at $16,850, and as thus modified affirmed, without costs. The plaintiffs, having moved to confirm the order as if it were in proper form, may not be heard to complain of an irregularity based on their having procured an order of reference in improper form. Parties may always by consent follow procedure other than that normally…