Daumann v. Daumann

Appellate Division of the Supreme Court of New York

Daumann v. Daumann

2 A.D.2d 992, 157 N.Y.S.2d 999, 1956 N.Y. App. Div. LEXIS 3383

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 1956

StatusPublished

This text of 2 A.D.2d 992 (Daumann v. Daumann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daumann v. Daumann, 2 A.D.2d 992, 157 N.Y.S.2d 999, 1956 N.Y. App. Div. LEXIS 3383 (N.Y. Ct. App. 1956).

Pincite

Opinion

In a consolidated action the appeal is from an order referring respondent’s motion to enforce a stipulation settling the action to an Official Referee to hear and determine whether the parties have complied with the stipulation. Order modified by striking therefrom “hear and determine” and by substituting therefor “hear and report”. As so modified, order affirmed, without costs. In view of the fact that the decision of the Official Referee may not end the litigation in this consolidated action, proper procedure requires that the reference should not be one to hear and determine (see Civ. Prac. Act, § 467; Judiciary Law, §§ 116, 116-a). Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ., concur.

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In a consolidated action the appeal is from an order referring respondent’s motion to enforce a stipulation settling the action to an Official Referee to hear and determine whether the parties have complied with the stipulation. Order modified by striking therefrom “hear and determine” and by substituting therefor “hear and report”. As so modified, order affirmed, without costs. In view of the fact that the decision of the Official Referee may not end the litigation in this consolidated action, proper procedure requires that the reference should not be one to hear and determine (see Civ. Prac. Act, § 467; Judiciary Law, §§ 116, 116-a). Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ., concur.

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Bluebook (online)

2 A.D.2d 992, 157 N.Y.S.2d 999, 1956 N.Y. App. Div. LEXIS 3383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daumann-v-daumann-nyappdiv-1956.