Karon v. Eisen
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Wolfe Karon and others against Max Risen and others. From an order of the Special Term of the City Court of the City of New York adjudging that he was served with a summons and complaint in the above-entitled action, defendant Samuel Wiesenfeld appeals.
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 having moved to vacate a judgment entered against him upon the ground of nonservice.
[1] 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 by2 opinions
- Westervelt v. ShapiroAppellate Terms of the Supreme Court of New York · 1911
- Davidson v. UngerAppellate Terms of the Supreme Court of New York · 1912