Smith v. Gould

Bischoff, P. J. The determination at Special Term favorable to the motion for a reference was reviewable at the General Term and that court could in its discretion deny the motion, hut a further appeal to test the soundness of this exercise of discretion does not lie. Martin v. Windsor Hotel Co., 70 N. Y. 101. Leventritt and Clarke, JJ., concur. Appeal dismissed, with costs.