Zakkai v. David

The order appealed from denying the motion to terminate the reference before the private Referee and to refer the accounting between the parties to an Official Referee to take and state the account should be unanimously reversed and the motion granted, without costs.

Where, as here, a decision is to be made by Special Term following a reference to hear and report, a full record of the proceedings conducted by the Referee including the testimony and the exhibits is required to be before the court, as otherwise it will be unable to determine whether or not the evidence sustains the report. (Aron…