Appellate Terms of the Supreme Court of New York, 1901

Smith v. Gould

Smith v. Gould
Appellate Terms of the Supreme Court of New York · Decided April 15, 1901 · Bischoff
34 Misc. 518; 69 N.Y.S. 954

Counsel

Howe & Hummel, for appellant., Jacob Marks, for respondents.

Smith v. Gould

Opinion of the Court

Bischoff, P. J.

The determination at Special Term favorable to the motion for a reference was reviewable at the General Term and that court could in its discretion deny the motion, hut a further appeal to test the soundness of this exercise of discretion does not lie. Martin v. Windsor Hotel Co., 70 N. Y. 101.

Leventritt and Clarke, JJ., concur.

Appeal dismissed, with costs.

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