Wolfson v. F. H. McGraw & Co.

Appellate Division of the Supreme Court of New York

Wolfson v. F. H. McGraw & Co.

18 A.D.2d 905, 237 N.Y.S.2d 809, 1963 N.Y. App. Div. LEXIS 4319

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

DecidedFebruary 21, 1963

StatusPublished

This text of 18 A.D.2d 905 (Wolfson v. F. H. McGraw & Co.) 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

Wolfson v. F. H. McGraw & Co., 18 A.D.2d 905, 237 N.Y.S.2d 809, 1963 N.Y. App. Div. LEXIS 4319 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order, entered on November 28, 1962, directing a reference on the issue of the service of process and staying plaintiff from issuing execution on a default judgment entered against the corporate defendant in the sum of $109,786.50, unanimously modified, on the law and on the facts, by striking out the provision for a private reference and remanding the issue to Special Term where it may be decided expeditiously and without extraordinary impingement on the regular business of the court, and, as so modified, affirmed, with $20 costs and disbursements to plaintiff-appellant. It was an improvident exercise of discretion in the circumstances to order a reference. It is the general policy of the courts in this Department not to extend the scope or occasion of references, in the absence of consent of the parties, or of special circumstances meriting such action. No special circumstances appear here. (Matter of Wilder v. Straus-Duparquet, 5 A D 2d 1.) However, in the event defendants will waive the question of service and consent to appear within five days on such terms, if any, as Special Term may fix, the default will be opened without further proceedings. Concur — Rabin, J. P.; McNally, Stevens, Eager and Steuer, JJ.

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Order, entered on November 28, 1962, directing a reference on the issue of the service of process and staying plaintiff from issuing execution on a default judgment entered against the corporate defendant in the sum of $109,786.50, unanimously modified, on the law and on the facts, by striking out the provision for a private reference and remanding the issue to Special Term where it may be decided expeditiously and without extraordinary impingement on the regular business of the court, and, as so modified, affirmed, with $20 costs and disbursements to plaintiff-appellant. It was an improvident exercise of discretion in the circumstances to order a reference. It is the general policy of the courts in this Department not to extend the scope or occasion of references, in the absence of consent of the parties, or of special circumstances meriting such action. No special circumstances appear here. (Matter of Wilder v. Straus-Duparquet, 5 A D 2d 1.) However, in the event defendants will waive the question of service and consent to appear within five days on such terms, if any, as Special Term may fix, the default will be opened without further proceedings. Concur — Rabin, J. P.; McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

18 A.D.2d 905, 237 N.Y.S.2d 809, 1963 N.Y. App. Div. LEXIS 4319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfson-v-f-h-mcgraw-co-nyappdiv-1963.