Smith v. Gould

Appellate Terms of the Supreme Court of New York

Decided April 15, 1901

Appellate Terms of the Supreme Court of New York · decided 1901-04-15

<p>Appellate Term — Order of reference of City Court not reviewable.</p> <p>An order of reference made at a Special Term of the City Court of the city of New York is reviewable» by its General Term, but no further appeal lies to the Appellate Term.</p>

Relies on Martin v. . Windsor Hotel Co.

Decided 1901-04-15

Bischoff, P. J.

¶1The 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.

¶2Leventritt and Clarke, JJ., concur.

¶3Appeal dismissed, with costs.