Rondino v. Feld

Lydon, J. (dissenting).

I dissent and vote to reverse the order of the official referee.

The determination about to be made by the majority of the court rests upon the proposition that the consent of the attorneys for defendants to the entry of an order granting plaintiff’s motion for a preference was a waiver of defendants’ right to appeal from the order granting a new trial. The short answer to this contention is that the attorneys are not shown to have possessed any authority to waive so substantial a right belonging to their clients.

But even if the consent had been authorized by defendants…