Karon v. Eisen
Appellate Terms of the Supreme Court of New York
Appeal by the defendant Samuel Wiesenfeld from -an order of the Special Term of the Oity Court of the city of blew York, adjudging that he was served with a summons and complaint in the above entitled action.
1Opinion of the CourtSeabury, J.
This motion was granted upon the coming in of the report of -a referee appointed to' take proof and report. The referee was appointed upon the -defendant Wiesenfeld *13having moved to vacate a judgment entered against him upon the ground of non-service.
The report of the referee assumes to determine the issue which was submitted to him only for the purpose of taking proof and making a report.
The order appealed from, however, shows that the court regarded the reference merely as a report; and, since there is sufficient competent evidence adduced to sustain the court’s determination that the…
2Cited by3 opinions
- Fine v. Clinton Realty Co.New York Supreme Court · 1918
- Westervelt v. ShapiroAppellate Terms of the Supreme Court of New York · 1911
- Davidson v. UngerAppellate Terms of the Supreme Court of New York · 1912