Newman v. Benedict
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Julia S. Newman against Julian Benedict. From an order of the City Court of New York denying defendant’s motion to vacate an order of reference, obtained through defendant’s default, he appeals.
1Opinion of the CourtSeabury, J.
The action was of such a character that an order of reference could not have been made therein, except upon consent. On December 1, 1909, the defendant’s attorney signed a consent, at the request of the plaintiff’s attorney, to the entry of an order naming a Mr. Warren as referee to hear and determine the issues herein. Mr. Warren refused to serve, and suggested that Mr. Grossman be substituted instead. This was consented to by the attorneys for both of the parties. On December 14, 1909, the plaintiff’s attorney sent to the defendant’s attorney a proposed order appointing Mr. Gross-man…
2Cases cited1 opinion
- Preston v. . MorrowNew York Court of Appeals · 1876
3Cited by1 opinion
- Hicks Beach Co. v. FrostNew York Supreme Court · 1917