General

Theodore Heos, Appellant, et al., Plaintiffs, v. Irving Ladner, Doing Business as Highway Auto Renting Company, et al., Respondents, et al., Defendants

279 A.D. 1095·New York Supreme Court, Appellate Division·1952·NY

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Opinion

Theodore Heos, Appellant, et al., Plaintiffs, v. Irving Ladner, Doing Business as Highway Auto Renting Company, et al., Respondents, et al., Defendants. [MAJORITY] Appellant appeared and argued the merits of the original motion and thereby conferred jurisdiction on Special Term. On this appeal the power of Special Term to refer the motion to an Official Referee to hear and determine is not questioned. On the papers before it, Special Term was not obliged to deny the motions as a matter of law. Johnston, Acting P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur. [See ante, p. 1093; 280 App. Div. 829.]