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Appellate Division of the Supreme Court of New York, 1896

Genet v. President of Delaware & Hudson Canal Co.

Genet v. President of Delaware & Hudson Canal Co.
Appellate Division of the Supreme Court of New York · Decided February 7, 1896
37 N.Y.S. 610; 73 N.Y. St. Rep. 308; 1 A.D. 631 (New York Supplement)

Counsel

F. Walling, for appellant., Geo. C. Genet, for respondent.

Genet v. President of Delaware & Hudson Canal Co.

Opinion of the Court

PER CURIAM.

We are of opinion, upon the facts as they appear in the affidavits, that, at the time when the plaintiff gave her notice electing to terminate the reference, the cause was not finally submitted to the referee, within the meaning of section 1019 of the Code of Civil Procedure.1

The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.

Code Civ. Free. § 1019, provides that the report of the referee must be filed with the clerk, or delivered to the attorney of one of the parties, within 60 days from the time of final submission, and otherwise either party may, by notice, elect to end the reference.

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