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eBook details

• Title: Joseph Barocas Et Al. v. Pmg Holding Corp. Et Al.
• Author : Supreme Court of New York
• Release Date : January 29, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Although the point is not raised by the parties, a reference to hear and determine is appealable (Davidson v. Sterngass, 279 App. Div. 875) and we find that the separate hearing herein ordered was a reference to hear and determine. Since the order appealed from denied the motion to vacate the appointment of a receiver, it was an improper exercise of discretion for Special Term to order a separate hearing on the issue of criminal usury, not to aid in the determination of the motion, but to obtain an advance determination, prior to the trial, of but one of the issues raised by the pleadings. Disposition Order reversed insofar as appealed from, with $10 costs and disbursements.

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