Lecky v. Winston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James D. Lecky, from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Ulster on the 8th day of April, 1918, denying his motion to set aside the report of a referee herein and to vacate the judgment entered thereon.
1Opinion of the Court
Cochrane, J.:
The ground of this motion is alleged misconduct of the referee occurring on the settlement of the proposed case on appeal. The alleged misconduct arises out of a difference of opinion between plaintiff’s counsel and the referee as to the fees of the latter for his services in settling the proposed case. The referee was selected by the parties. At the beginning of the trial the following stipulation was made: “ It is stipulated the Referee shall receive $40 a day and *643expenses.” The trial resulted in a report in favor of the defendants. When the proposed case on appeal and proposed…
2Cases cited3 opinions
- Leonard v. . MulryNew York Court of Appeals · 1883
- Mead v. . TuckermanNew York Court of Appeals · 1887
- Butterly v. DeeringNew York Supreme Court · 1910
3Cited by1 opinion
- In re the Estate of EbbetsNew York Surrogate's Court · 1935