Appellate Division of the Supreme Court of New York, 1923

Tapley v. New York Dock Railway

Tapley v. New York Dock Railway
Appellate Division of the Supreme Court of New York · Decided April 15, 1923
206 A.D. 678
Tapley v. New York Dock Railway

Opinion of the Court

Motion to confirm report of referee granted. The question of allowances to the referee and counsel will be determined upon the settlement of the order, at which time affidavits should be submitted as to the nature and extent of the services rendered and the time occupied by the referee. While the court has full jurisdiction of the subject-matter submitted to the referee, we are without power to direct a judgment for deficiency under the circumstances disclosed by the record here. For such relief the successful party may take such action as he may be advised. Present — Kelly, P. J., Manning, Kelby, Young and Kapper, JJ. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.