Rector of St. Andrew's Church v. Van Nosdall

119 N.Y.S. 1141 | N.Y. App. Div. | 1909

We think that a compulsory reference in this case is not only not authorized (Code Civ. Proc. § 1013), but is expressly forbidden. (Id. § 968.) The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and tlie motion denied, with costs. Hirschberg, P. J., Woodward Burr, Ricli and Miller, JJ,, concurred.