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35 Misc. 854

Rush v. Klein

City of New York Municipal Court

Decided June 15, 1901

City of New York Municipal Court · decided 1901-06-15

<p>Appeax from order of Special Term, directing compulsory reference of the issues.</p>

Relies on Brandt v. . Moses

Decided 1901-06-15

Hascall, J.

¶1The appellant, by the answer interposed, is in position to contest each item of the plaintiff’s claim, thus bringing this case within 137 N. Y. 616, and we, therefore, decide that the order appealed from was properly made.

¶2Order affirmed, with costs and disbursements to respondent.

¶3Conlan and O’Dwyer, JJ., concur.

¶4Order affirmed, with costs to respondent.

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