Summary
In Hutchins v. Parks (174 App. Div. 919) it was held that it was improper to impose an order of reference as a condition of granting a motion for continuance (cf. Lawson v. Hill, 66 Hun 288).
Summary of this case from Stores v. McLaughlinOpinion
July, 1916.
Order reversed, without costs, upon the ground that an order of reference as a condition of continuing the case should not have been made. The reference was not ordered because there was a referable issue. If the plaintiff would have a reference on such grounds, he should move for it and show that he is entitled to it. Jenks, P.J., Thomas, Carr, Rich and Putnam, JJ., concurred.