Final judgment reversed on the law and facts and the issues raised on the account remitted to the Special Term for a new trial.
Memorandum:
The final judgment herein cannot be sustained in the absence of a decision or finding and conclusions by the Official Referee as required by section 440 of the Civil Practice Act. We do not condone the action of appellant's counsel in his consistent neglect to recognize his obligation to proceed with the trial of these...
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