Hutchins v. Parks , 174 A.D. 919 ( 1916 )

Order reversed, without costs, upon the ground that an order of reference as a condition of continuing the case should not have been made. The reference was not ordered because there was a referable issue. If the plaintiff would have a reference on such grounds, he should move for it and show that he is entitled to it. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.