Speciale v. Sciascia

Appeal from an interlocutory judgment of partition. Judgment reversed on the law and the facts, motion to confirm the referee’s report denied, and a new trial granted, with costs to appellants to abide the event. The claim for permanent improvements alleged to have been made by the plaintiff at his own expense was not within *902the purview of the order of reference and the finding of the referee in regard thereto has no binding force. (Savage v. Sherman, 87 N. Y. 277, 286; Brooklyn Heights R. R. Co. v. Brooklyn City R. R. Co., 151 App. Div. 465, 502.) It is conceded that the plaintiff rendered…