Order reversed, with ten dollars costs .and disbursements, and motion granted, with ten dollars costs. The referee is to be appointed by the Special Term in ease the parties fail to agree upon a referee. Held, that the case is referable under section 1013 of the Code of Civil Procedure. (Irving v. Irving, 90 Hun, 422; affd., 149 N. Y. 573; Boisnot v. Wilson, 95 App. Div. 489.) All concur.
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