In re Lazarus , 242 A.D. 830 ( 1934 )

Both counsel agree that in some unexplained manner an exhibit inadvertently came before the referee which had not been offered or marked in evidence. It further appears that the decision of the learned referee was based in large part upon the contents of this supposed exhibit. Matter referred to an official referee. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.