Palmer v. Phenix Insurance

29 N.Y. Sup. Ct. 224

Opinion

Per Curiam :

We are of opinion that under section 1023 of the new Code, and other sections touching, the subject, a judge or referee cannot be required, or permitted, to make additional findings of fact or law, upon the settlement of the case, after his report or decision has been rendered. So far as Rule 32 conflicts with this section it is inoperative.

Present — Learned, P. J., Bocees and Westbrook, JJ.

Order affirmed, with $10 costs, and disbursements.