Saranac Land and Timber Company v. . Roberts

The order so far as appealed from should be reversed, with costs in this court and in the Appellate Division, and the motion, so far as the appointment of another referee is concerned, remitted to the Special Term for further consideration upon the facts before it,

The first question certified should be answered in the *659 negative, the second in the affirmative, and the third question should be answered as follows: “ It stands referred to the former referee subject to the appointment -of a new referee by the court on authority of Saranac Land & Timber Co. v. Roberts (224 N. Y. 337), decided herewith.”

His cock, Ch. J., Collin, Cuddeback, Hogan and Crane, JJ., concur; McLaughlin, J., not voting.