Leary v. Lipkind

Order affirmed, with ten dollars costs and disbursements, on the ground that the irregularity in giving notice of the reference did not affect a substantial right of the defendant for she had actual notice thereof and did not appear and make objection; and had made default in appearing on the trial at which the reference was granted. (See Civ. Prac. Act, § 105.) Van Kirk, P. J., Hinman, Davis and Hill, JJ., concur; Hasbrouck, J., dissents.