Opinion
October, 1910.
Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.
The determination of the Appellate Term should be modified by adding thereto a provision that either party shall have leave to apply to the Special Term of the City Court for the appointment of a new referee in this action. As so modified the order should be affirmed, with ten dollars costs and disbursements to the respondent.
Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to respondent. Settle order on notice.